The Influence of Victimology on Brazilian Criminal Legislation

Abstract

This article aims to analyze the influence of Victimology on Brazilian criminal legislation and to present proposals intended to enhance victim protection. Regarding the role of the victim in Criminal Law, three major phases can be identified: the “golden age” of the victim; the neutralization of the victim’s power; and the revaluation of the victim’s role. Particularly in the 1990s, the impact of victimological studies on Brazilian criminal legislation became evident, although the victim had already been, albeit timidly, considered in legal instruments. The influence of Victimology on Brazilian criminal legislation has been steadily increasing, as observed in the current Penal Code, as well as in the draft of the New Penal Code and in special legislation, notably Laws No. 8,069/1990 (Child and Adolescent Statute); 9,099/1995, which governs Special Courts; 9,807/1999, concerning the protection of victims and witnesses; 9,503/1997 (Brazilian Traffic Code); 11,340/2006, addressing the protection of women victims of domestic and family violence; and 10,791/2003 (Statute of the Elderly). However, victim protection still lacks effective implementation, which may be achieved through public policies and greater victim participation in the conduct of criminal proceedings.