A relativização da vulnerabilidade da vítima como violação à evolução legislativa e jurisprudencial na proteção de crianças e adolescentes

Abstract

This paper addresses the legislative and jurisprudential developments in the protection of children and adolescents, and also shows how the relativization of the vulnerability of victims, through court decisions, can violate the legislative and jurisprudential developments in the protection of children and adolescents. This research focuses on the impact that court decisions, when interpreted flexibly, can have on the legislative and jurisprudential advances that have been achieved over the years, advances that guarantee the full protection of children and adolescents, as established by the Federal Constitution of 1988 and by international treaties. The methodology adopted will be a bibliographical analysis of literature, with emphasis on the most current and relevant books and articles on the subject. The research analyzes the historical and legal context in which children and adolescents were inserted, how they were seen and how they are being treated today, and they are now recognized as subjects with full rights. However, with the relativization of the courts regarding the vulnerability of victims, full protection is minimized and the legislative and jurisprudential advances achieved by this group are undermined. This research is entirely relevant because it reflects on the risks of regression in rights that were conquered by a public that needs care and attention.