Between Proof and Care: Ethical and Technical Impasses in Special Testimonial Law

Abstract

The special testimonial is a procedure provided by Law 13.431/2017, which establishes the system of rights guarantees of children and adolescents victims or witnesses of violence. The protocol adopted in São Paulo assigns its conduction to the professionals who compose the technical teams, whose function consists of intermediating the hearing with the audience room. Therefore, the aim was to analyze the understanding of the practitioners of Law and the professionals of the technical teams concerning the participation of the latter in the procedures of special testimonials in cases involving child and adolescent sexual abuse. The research is of descriptive nature, exploratory and analytical, based on qualitative methodology through interviews performed with thirteen of these professionals. The analyses show divergences between both groups when it comes to the use of this strategy as a means which guarantees the whole protection of children and adolescents. It is concluded that the substitution of one professional for another and the simple application of an interview protocol should not overcome what is most relevant when addressing this issue: the necessary interprofessional work to be performed between the revelation of the violence and the moment of the testimonial.