A IMPLEMENTAÇÃO DE POLÍTICAS PÚBLICAS PELO PODER JUDICIÁRIO E A EXPERIÊNCIA DA AMÉRICA LATINA: A REFUNDAÇÃO NO SISTEMA PROCESSUAL PENAL BRASILEIRO ATRAVÉS DA CRIAÇÃO DOS CENTROS ESPECIALIZADOS DE ATENÇÃO ÀS VÍTIMAS

Abstract

This scientific article aims to investigate a possible recasting of the role of the victim of crimes and infractions in Brazilian criminal procedural law in the light of the accusatorial model, based on the recent reforms of the Brazilian Code of Criminal Procedure and on lessons from comparative law in Latin America. From this repositioning of the victim, the critical view of the proposed New Criminal Procedure Code and the legislative proposal of a Victim's Statute, added to the absence of an effective realization of the rights of victims, except for isolated initiatives, not systematized to all recipients, it is raised the hypothesis that public policies are necessary, useful and feasible for such desideratum. In this line of reasoning, we reach the conclusion that it is up to the Judiciary to implement the protection of victims in its broadest aspects, a fact corroborated by the National Council of Justice through several Resolutions dealing with Restorative Justice and the recent determination of the creation of Specialized Centers of Attention to Victims.