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The Judicial Testimony of Children and Adolescents between Support and Inquiry

Abstract

The practice of judicial testimony of children and adolescents is currently commonplace in all the Brazilian territory. So far, the studies on this subject have not systematically explored the available international standards and their relationship with the current protocols. Thus, the objectives of this research are: (i) to verify if there is correspondence between two national protocols and the guidelines established by the Resolution 20/2005 of the United Nations Economic and Social Council - Ecosoc and (ii) to examine the differences between the national practices and the international chosen reference, in particular with regard to the roles of the ‘intermediary’ and the ‘support person’. National protocols from the Court of Justice of the state of São Paulo and the Court of Justice of the State of Rio de Janeiro were evaluated. This is a qualitative research, based on bibliographical and documentary investigation. In conclusion, the protocol of the Court of Justice of the State of São Paulo is more similar to the Resolution 20/2005 of Ecosoc than the protocol of Rio de Janeiro, in which the ‘support person’ is not foreseen. However, the role of the “intermediary” is defined in both protocols. The Resolution 20/2005 of Ecosoc and the protocols evaluated foresee the possibility of interventions before, during and after the judicial testimony, though in different ways. The international experience and the Resolution 20/2005 of Ecosoc indicate that the “support person” is a successful factor for child protection; nevertheless, it is not currently analyzed or taken into account in Brazil.

Children and Adolescents; Judicial Testimony; Support Person; Juridical Psychology

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