Lei Mariana Ferrer como um instrumento contra a violência institucional: análise acerca da revitimização no processo penal

Abstract

The research aims to carry out an analysis of the legal and social effects related to Law 14.245/2021, published on 11/22/2021, popularly known as Mariana Ferrer Law. It is a legislative instrument that aims to curb the practice of acts that threaten the dignity of the victim and witnesses, such as the practice of coercion and the use of threats and constraints during the process. The norm comes after an episode of institutional violence that Mariana Ferrer experienced in a criminal trial hearing. This type of attack is known to originate from the penal system itself, which constantly fails to harm the rights of those who plead for justice and custody. Such violence is indeed superior to that resulting from the crime, since it makes it impossible for the victim to have his expectation of conflict resolution satisfied. Especially since there is no other way to go, since the ius puniendi is an exclusive state function. The practice affects the trust and prestige of the Brazilian legal system, negatively resulting in the abandonment of the victim and the community in general. The new Law aims to change this scenario, changing provisions of the Penal Code, Criminal Procedure Code and Law No. 9,099/95, Law of Special Civil and Criminal Courts. The methodology to be used in this research is bibliographical, supported by documental analysis of the relevant legislation.