A construção da narrativa judicial nos casos de violência sexual contra crianças e adolescentes

Abstract

The issue of sexual violence against children and adolescents has not always been a concern, but the transformations towards childhood and the institution of children and adolescents as subjects of special rights have made it a priority on the Brazilian schedule. A political and social movement that grew in Brazil from the 1990s and culminated in fundamental legal changes to combat what would be one of the most demeaning contemporary social problems and should therefore be fought by the whole society: pedophilia. Understanding different situations of sexual violence against children and adolescents, such as cases of pedophilia, demonstrates that this term has become a broad, diffuse category that is triggered in different instances to define behaviors, actions and typify subjects. If the organization of coping with sexual violence against children and adolescents has been based on pedophilia, how are narratives about situations of sexual violence against children and adolescents constructed in the judiciary? Is the pedophilia category mobilized to determine the fate of those involved in cases that reach the judge's room? To answer these questions, thirty-eight court judgments that mobilized the pedophilia category were analyzed. This work starts from a historical constitution of the problem and its implementation in the judiciary, understood as the state voice in a decision-making scope, to identify the victim's place in a process that constitutes a protective armor, with the creation of policies protection of childhood and youth, while putting that same victim under scrutiny.