Revictimization and the pseudo-contradictory in the criminal processes

an interpretation in light of the law 14.245/2021

Abstract

The focus of this study is to analyse the content of the right to be heard in the face of Law 14.245/2021, which brought changes to the Penal Code, Criminal Procedure, and Special Courts Law. The question posed is: does the right to be heard allow for secondary victimization - or re-victimization - of crime victims? The hypothesis argued is based on the perspective that, as a human right, the right to be heard does not condone such an act, even though it is used in a corrupted manner to perpetuate prejudices present in our society. The path taken in the study was as follows: characterization of the right to be heard as a human right (point 1), its use as a mask to perpetuate prejudices (point 2), and the attempt to address the issues raised by Law 14.245/2021 (point 3). The methodology used was bibliographic research, including books and scientific articles on the subject, as well as jurisprudential research, involving opinions of the Inter-American Court of Human Rights regarding the right to be heard. The research results show that the right to be heard is indeed not compatible with secondary victimization, cannot be manipulated to perpetuate prejudices, and should not be denied based on certain victim profiles, as doing so would risk violating the rights of the accused.