International Journal of Advanced Engineering Research and

Science (IJAERS)
Peer-Reviewed Journal
ISSN: 2349-6495(P) | 2456-1908(O)
Vol-10, Issue-3; Mar, 2023
Journal Home Page Available: https://ijaers.com/
Article DOI: https://dx.doi.org/10.22161/ijaers.103.7

The Psychologist’s Role in the Process of Listening to

Children Victims of Sexual Violence in Legal Proceedings
Lila Dara de Barros Pereira

Departamento de Psicologia. Universidade Federal de Mato Grosso do Sul, Mato Grosso do Sul.

Received: 01 Feb 2023, Abstract— This work presents a set of interpretations made by the
Receive in revised form:06 Mar 2023, psychologist regarding the procedure for listening to children who are
victims of sexual violence in legal proceedings based on the Doctrine of
Accepted: 12 Mar 2023,
Integral Protection of the child. Documental surveys were carried out on
Available online: 19 Mar 2023 the procedures for taking special statements from children in legal
©2023 The Author(s). Published by AI proceedings. Under the light of Winnicott's theory of emotional
Publication. This is an open access article development, based on academic experience and extension activities, a
under the CC BY license personalized and dynamic qualitative method of investigation,
(https://creativecommons.org/licenses/by/4.0/). essentially constructive-interpretative, was used to interpret the listening
procedures. The result demonstrates that the discussion of the theme is
Keywords— Violence. Victim. Protection.
recent in the world and that the biggest obstacle to a consensus
regarding a procedure that proposes the non-revictimization of child
victims of sexual violence in legal proceedings is to understand and study
the limits of psychological science and legal science with a view to the
Doctrine of Integral Protection.

I. INTRODUCTION priority in the service policy. Those three fundamentals

The recognition of human rights as participants in the cited before are dynamic and, in terms of sexual abuse
political world with regard to children began in the 19th against children, reach high levels of complexity,
century, the scientific discoveries reduced the infant considering the historical-structural, cultural, psychosocial,
mortality rate [1]. Listening to a child involved in a legal legal, ethical and political dimensions.
process based on conceptual and legal advances consists in This article consists of a set of interpretations regarding
considering them as a subject of law, as a desiring social the procedure for listening to child victims of sexual
subject whose capacity to desire is often devastated by the violence in court proceedings in order to carry out
actions of adults [2]. documentary surveys of the testimonies of children in legal
Human Rights principles guarantee fundamental proceedings around the world. The way of intervention in
freedoms and equality; the child, in this context, has three taking the testimony of child victims of sexual abuse in legal
basic foundations in the Doctrine of Integral Protection in proceedings that is discussed in this work. The non-
force in Brazil, namely: they are subjects of rights, people revictimization is the guarantee that the child will not go
in a peculiar condition of development and they have an through moments of psychological stress in the constitution
absolute priority. As subjects of rights, opportunities to be of evidence during the justice procedures.
heard in legal proceedings and freedom of expression are
ensure. II. THE RECOGNITION OF CHILDREN VICTIMS
OF SEXUAL VIOLENCE AS SUBJECTS OF
In accordance with the Convention on the Rights of the
SPECIFIC RIGHTS
Child (1989) in Articles 12 and 13, regarding the Doctrine
of integral protection, it is considered the phase of The international normative basis is based on Human
childhood a peculiar developmental condition and absolute Rights, which historically take the form of a set of events,

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Pereira International Journal of Advanced Engineering Research and Science, 10(3)-2023

dated between May 5, 1789 and November 9, 1799, that d) Privileged allocation of public
changed the political and social framework of France, called resources in areas related to the
the French Revolution. This revolution ranks among the protection of children and youth. [3].
greatest in human history and proclaimed the universal In guaranteeing the rights of children, based on the
principles of liberty, equality and fraternity. In the struggle Doctrine of Integral Protection, the right to healthy sexual
to consider fundamental human rights, in the dignity and development is a fundamental right. But when this is
worth of the human person, on December 10, 1948, the violated, it is the family's, society's, and state's duty to
Universal Declaration of Human Rights was promulgated as guarantee specific rights to protect the child.
a guide to common ideals to be achieved by all nations in
effecting universal respect for human rights and
fundamental freedoms. The recognition of human rights as III. WINNICOTT'S CONTRIBUTIONS TO THE
participants in the political world with regard to children UNDERSTANDING OF CHILD
began in the 19th century, with scientific discoveries that DEVELOPMENT
reduced the infant mortality rate: Reflecting on Winnicott's concepts allows us to
Because of the abundance of cheap understand the child sexuality that safe and pleasant
labor, there was less need for children relationships will provide, as external factors, healthy
to work. Laws that protected them aspects for emotional development. The family plays an
from long workdays allowed them to essential role in the emotional development of the child.
spend more time studying, and parents In the family, the roles that parents play are fundamental
and teachers were more concerned for child development. Winnicott describes the “good
with identifying and meeting enough mother” as the one who
children's developmental needs. The
feeds the omnipotence of the infant
new science of psychology taught that
and to some extent sees sense in it. And
people could understand themselves
it does it repeatedly. A true self begins
by learning what had influenced them
to come to life through the strength
during their childhood. (PAPALIA,
given to the infant's weak ego by the
2006, p. 47).
mother's complementation of the
The Children and Adolescents Statute (CAS) infant's expressions of omnipotence.
materialized the Doctrine of Integral Protection and the
The mother who is not good enough
principle of absolute priority for children in its Articles 1
is not able to supplement the infant's
and 4:
omnipotence, and so repeatedly fails to
Art. 1st This law provides for the full satisfy the infant's gesture; instead, she
protection of children and adolescents. replaces it with her own gesture, which
Art. 4th It is the duty of the family, the must be validated by the infant's
community, society in general and the submission. This submission on the part
public authorities to ensure, with of the infant is the initial stage of the
absolute priority, the realization of the false self, and results from the mother's
Rights relating to life, health, food, inability to sense the infant's needs [4].
education, sport, leisure, The father, in Winnicott's theory, in very early stages of
professionalization, culture, dignity, development is not mentioned, however, he is present and
respect, freedom and family and presents himself as a process of differentiation of interaction
community coexistence. and interdependence in the early development of the child.
The priority guarantee comprises; The father has the main role at this time to support the
mother. But this presence will only be possible according to
a) Priority to receive protection and
their emotional maturity, however, according to the
help in any circumstances;
mother's emotional maturity and history. The family
b) Priority of attendance in public constitution presents new configurations in the historical
services or services of public context with the entry of women into the labor market and
relevance; often paternal care in the child's first relationship. It is the
c) Preference in the formulation and caregivers, the family that make the child experience
execution of public social policies; changes that happen due to family expansion and

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Pereira International Journal of Advanced Engineering Research and Science, 10(3)-2023

tribulations. Winnicott (2005) in his text Factors of constituent part of the child's personality in his emotional
Integration and Disintegration in Family Life (1957) states development. [5].
that “The existence of the family and the preservation of a Listening to children who are victims of violence in
family atmosphere result from the relationship between legal proceedings has become the focus of intense debates
parents within the framework of the social context in which for the category of psychologists after a consultation
they live” [4]. However, it is necessary to consider parents received by the Federal Council of Psychology in April
as individuals who had a history of family creation and 2006. The Regional Council of the 7th Region, in Rio
conservation of their parents' relationship and update these Grande do Sul, requested clarification regarding the
experiences in their relationship with their children. technology used Children's and Youth Court in Porto
In the individual field, for the parents according to Alegre, known as the 'Deposition without Damage' Project.
Winnicott (2005), there are forces linked to the complex This project offered subsidies to the Legislative Power
sexual fantasy, not only considering sex in its physical for the elaboration of the Complementary Bill 35/2007,
satisfaction, but also as an achievement of emotional growth which is being discussed in the National Congress and
that happens throughout life from pleasant relationships for proposes to add Section VII to Chapter II – On Procedures
the person and society in order to move towards mental – of Title VI – On Access to Justice – of the Special Part of
health. ECA and provides for other measures, announces in item III
of Art. 197-B of Subsection I – Questioning of Witnesses –
IV. PROCEDURES FOR LISTENING TO of Section VII – Special Provisions Relating to the
CHILDREN VICTIMS OF SEXUAL VIOLENCE Questioning of Witnesses and Early Production of Evidence
IN LEGAL PROCEEDINGS in Crimes Against Sexual Dignity with Child or Adolescent
Victim or Witness, that the questioning will be mediated by
In the legal context of multidisciplinary work, the
a duly professional designated by the judicial authority, who
psychologist is designated by the judge to carry out the
will transmit the questions of the judge and the parties to the
procedure of “interrogation” of the child in judicial
deponent. In the manner that takes place in Rio Grande do
proceedings. However, inquiring is different from listening
Sul, the professional designated by the judicial authority is
for psychological science, in the legislation, which
the psychologist or social worker.
establishes the professional performance of the
psychologist, there is no questioning as a practice of
psychology. V. REFLECTIONS ON THE SYSTEM OF
The obstacle between the boundaries of the legal and GUARANTEE OF RIGHTS IN THE COMPLETE
psychological sciences consists in: while the Justice System PROTECTION OF CHILDREN DURING THE
seeks the objective truth of the facts, the psychology seeks LISTENING PROCEDURE IN JUDICIAL
the subjective truth. The listening process in psychology PROCEEDINGS
consists of a construction that requires special rules of the A conclusion section must be included and should
interpretation method that involves linking the meaning of indicate clearly the advantages The Deposition without
symbolic objects, in order to understand the subjective truth Damage Project is an advance in the face of authoritarian
of language. Listening to a child involved in a legal process legal practices where the child in an instruction hearing
based on conceptual and legal advances consists of made the statement through questions prepared by the
considering them a subject of law, as a desiring social judge, prosecutor, defense attorney of the defendant who
subject whose capacity to desire is often devastated by the had no care and concern for the internal conditions, psychic,
actions of adults [2]. of the child in relation to the trauma. The judge of law from
The obligation of the child's testimony at a certain Campo Grande-MS, in a survey carried out during one of
chronological moment in legal proceedings can extinguish the university's extension actions, reported that the
the child's desiring capacity in the face of freedom of procedure as it was carried out worried him, as it did not
expression and make more difficult the psychic preparation guarantee the protection of the child and explained that the
to expose a traumatic fact. The child's right to be heard technology and method used by Rio Grande do Sul when
guarantees justice the possibility of arriving at the objective performing the same procedure were innovative.
truth of the facts, but it does not guarantee the limit between The prediction of the methodology of
the use of authority, by imposing the child to take a testimonials with children as a legal
statement, and the use of freedom by respecting time and political advance that guarantees
psychic elaboration of a traumatic moment that will be a the legitimacy of the method no longer
depending on the interpretation of the

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Justice System managers according to VI. QUESTIONS ABOUT THE PSYCHOLOGIST'S

Complementary Law Project 35/2007 ROLE IN THE PROCESS OF LISTENING TO
is justified: CHILDREN VICTIMS OF SEXUAL VIOLENCE
I – to safeguard the physical, IN JUDICIAL PROCEEDINGS
psychological and emotional integrity Psychology can contribute to multidisciplinary, multi-
of the deponent, considering his/her institutional and multi-professional work, given the
peculiar condition as a person in provocation in the debate on the guiding principles of
development; listening to child victims of sexual violence in legal
II – due to the age of the deponent, so proceedings. A starting point is consider the uniqueness of
that the loss of memory of the facts each case and, mainly enabling a holding that facilitates the
does not come to the detriment of the child to talk about trauma (sexual abuse), from a place of
verification of the real truth; specialized listening and forms of ethical intervention that
are integrated with public policies, respecting the Human
III – to avoid revictimization of the
Rights of Children in favor of Protection Integral.
deponent, with successive inquiries
about the same fact, in the criminal, According to Santos and Gonçalves (2009) survey of the
civil and administrative spheres. experiences of taking special testimonies of children and
adolescents, six countries use psychologists as trained
Among these guidelines there are principles that
technicians to carry out interviews with children in the
consider the integral protection and absolute priority of the
judicial process. In Brazil, the 'Testimony without Damage'
child. However, in our academic experience linked to a
Project emphasizes the importance of specialized listening
Child Protection Network service, obtaining the objective
for conducting the interview and indicates psychologists
truth of the facts, required by law, of a complex
and social workers as technicians.
phenomenon such as sexual violence against children in
order to safeguard the physical, mental and emotional Based on scientific studies of each training, psychology
integrity, in addition to avoiding revictimization of the and social service, the provocation in responding about the
child, it is a complex task. guarantee of integral protection of the child in the process
of listening to child victims and witnesses of sexual violence
Discussing the physical, psychic and emotional
in the judicial process is necessary in the multidisciplinary
integrity of the child victim of sexual violence is to consider,
work based on the vision holistic-systemic approach to the
according to the basis of Winnicott's psychoanalytic theory,
process.
the fundamental role of the environmental holding, of
welcoming adults who will have a direct or indirect The performance of the psychologist in the process of
relationship in the construction of justice for these cases, listening to children in the judicial process is a recent
what the psychologist from Lithuania called rapport. discussion, in Brazil it began in 2003 with the
Considering the best interest of the child is to allow the child implementation of the Project 'Testimony without Damage'
to be heard, considering him/her as a person in a peculiar in Rio Grande do Sul. The actors of the Child Rights
condition of development and building, according to Guarantee System, the Child Protection Network and the
Winnicott, a trajectory for the constitution of the true self Federal Council of Psychology pointed out some questions
and, later integration of the ego in the child, that is, the as a way of reflection and ethical improvement of
elaboration of the trauma without secondary damage. It is techniques to regulate the psychologist's performance.
not by imposing in space and time the opportunity for the
child to be heard and concentrating power in justice through VII. LISTENING TO CHILDREN VICTIMS OF
practices that produce abuse of the common good, doing in VIOLENCE IN LEGAL PROCEEDINGS: A
excess with damage, according to Sêda (2001), that full SERVICE POLICY TO GUARANTEE THE
protection will be guaranteed and the peculiar COMPLETE PROTECTION OF CHILDREN
developmental condition of the child will be considered
A scientific study is needed that aims to understand and
interpret the meanings of a psychological nature that child
victims of violence have to the fact before, during and after
the listening procedure in judicial proceedings. Consider
psychological aspects such as the health-disease
phenomenon in the constitution of the personality and

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comply with the principles of the Code of Ethics as a attitudes that are not consistent with professional practice
professional and researcher with a clinical attitude, namely: regulations. When listening to child victims of violence in
It is the posture of acceptance of the emotional legal proceedings, the psychologist becomes a facilitator, a
existential suffering of the subject of the researcher's professional role that does not match his practice.
studies, assumed by this professional, who thus inclines his In a multidisciplinary attitude, the psychologist provides
listening posture, his gaze and his multiple and services to other professionals governed by the Resolution
interconnected sensibilities, which interacts with his No. 007/2003 of the CFP a Manual for the Elaboration of
theoretical knowledge of the research methodology in Written Documents produced by the psychologist, resulting
towards that person whom he wants to better know and from psychological evaluation. Psychological assessment is
understand scientifically, systematically undertaking a a technical-scientific process of data collection, studies and
research of the phenomena as perceived by this individual, interpretation of information regarding psychological
and being primitively moved by the desire to help those who phenomena, which result from the individual's relationship
suffer. (TURATO, 2010, p. 240) with society, using methods, techniques and instruments
According to the CFP Resolution No. 010/05 the validated by the Federal Council of Psychology and the
psychologist has the following duties: System Assessment of Psychological Tests.

Art. 1 - The fundamental duties of the The elaboration of written documents is the
psychologist are: psychologist's instrument of interlocution with other
professionals and recognized in Resolution 013/2007 of the
[...]
CFP, making the professional who uses it with bad conduct
c) Provide quality psychological liable to inspection and responsibility for the professional
services, in dignified working acts performed. In this regard, there has been progress in the
conditions appropriate to the nature of practice of listening to children in legal proceedings carried
these services, using principles, out in Spain, even though video recording technology is still
knowledge and techniques recognized being used, as a guarantee of reliability and effectiveness
as grounded in psychological science, that the questions asked by the actors of the Rights
ethics and professional legislation. Guarantee System were in the right place. sense indicated
[...] by each author, without causing double interpretation.

Art. 8 - In order to provide non- The production of the psychological theoretical

continuous care for a child, adolescent framework, which aims at the subjective truth, understands
or disabled person, the psychologist how the child experienced the situation of violence, is
must obtain authorization from at least compromised when the professional needs to consider a
one of their guardians, subject to the temporal bureaucratic procedure in legal proceedings. The
provisions of current legislation: psychological time to understand a given situation differs
from the chronological time of legal proceedings. But it is
[...]
in this area of activity that psychology, in view of its work
§2 - The psychologist will be methodology and scientific knowledge, contributes to the
responsible for the referrals that are web of institutional relationships to assist legal operators in
necessary to guarantee the integral the integral protection of children.
protection of the person assisted.
The psychic time to understand the situation of violence
[...] and, fundamentally, the elaboration of the psychic trauma is
Art. 14 - The use of any means of demonstrated when, in professional practice, the child is not
recording and observation of verified as a communicator of violence, since it involves
psychological practice will comply psychological phenomena such as guilt and insecurity that
with the rules of this code and the are part of the development process emotional, but who has
professional legislation in force, and been brutally offended when sexual abuse occurs.
the usurer or beneficiary must be Therefore, it is not allowed open a psychic wound and
informed from the beginning.” not provide the holding for the healing of this wound. The
Inquiry is not part of the knowledge and techniques child's silence is a defense that is involved in this web of
based on psychological science, ethics and professional internal feelings that are providential for their psychic sanity
legislation. Providing services in dignified working with regard to the health-disease phenomenon. By
conditions is not subjecting oneself to the imposition of observing our attitudes, we remain silent when we don't

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Pereira International Journal of Advanced Engineering Research and Science, 10(3)-2023

trust the people around us, when we don't believe that are gateways for complaints of violation of Rights,
individuals can collaborate to heal psychic wounds. therefore, they are indicators, witnesses and can provide,
Why force a child to talk about a trauma - which is through documentary means, subsidies that indicate facts of
similar to the organic part, a wound that most of the time is sexual violence against the child.
much greater psychically than physically - without Psychology has the responsibility of discussing, together
guaranteeing the integral attention of the service, without with the actors of the Rights Guarantee System, the
informing that the report will be presenting will be assisted multidisciplinary work methodology in the integral
by several other professionals, including the defendant and protection of children in cases of sexual violence in judicial
that this report is the key, main evidence for the conviction proceedings, since it is the sole responsibility of this
of a person who has intense emotional ties? professional to improve the scientific field of knowledge
What Rights are we guaranteeing when we submit and practice, but it has as regulation of internal interest of
children to talk about a fact that causes them suffering? It the category resolutions that guide its practice such as the
cannot be disregarded that the recording of the testimony is definition of the field of action of the specialist in Legal
an advance on how the testimony was provided. But, Psychology, according to Resolution CFP 013/2007, which
according to Nogueira Neto: presents prevention as a practice of the psychologist;
assessment; preparation of documents, guidance to children
The strict procedures for questioning
and adolescents, detainees and their families, among others;
children and adolescents in the
psychological care and research production.
procedural judicial sphere cannot,
therefore, be placed as the only ones An assistence policy for child victims of violence in
responsible for proving the materiality legal proceedings must have materialized in the integral
of the crimes and the authorship of the protection of the child, establishing in all institutional care
indicted/accused/defendant. The search sectors favorable environmental conditions for the
for the truth of the case file and the real elaboration of the trauma, environmental holding, and
truth must be done primarily by other guaranteeing healthy emotional development. The
means of proof, such as expert, psychologist in this context needs to have a proactive
documentary, testimonial and indicia. personal and professional attitude that problematizes,
The declarations of children and evaluates, debates before acting, but above all, that develops
adolescents as victims or witnesses a qualified listening that is only possible from the ability to
should not be recognized as judicial put oneself in the place of the subject of Law in a peculiar
evidence, but as elements of situation of development and being the trusted technician,
collaboration. Thus, the ideal is not just secure bond and genuine embracement, that is, seeing the
to reduce damage in court testimony, child and not the procedure [7].
replacing them with hybrid forms of A conclusion section must be included and should
social/psychological listening and court indicate clearly the advantages, limitations, and possible
testimony (the so-called “deposition applications of the paper. Although a conclusion may
without damage”, for example). It is review the main points of the paper, do not replicate the
rather to avoid as much as possible that abstract as the conclusion. A conclusion might elaborate on
they are held responsible for the the importance of the work or suggest applications and
production, almost exclusively, of the extensions.
evidence of materiality and authorship
of the crime, taking into account, for
VIII. CONCLUSIONS
example, the legal principle of the
prevalence of the “superior interest of This work sought to offer a reflection on the process of
the child and the adolescent" [6]. listening to children who are victims of sexual violence in
legal proceedings, in order to highlight the importance of
Shouldn't the Child Protection Network be articulated in
studying the emotional development of children in the
such a way that the sectors involved in Basic Protection
integral protection of the child, based on the specific right
Policies and Basic Social Protection Policy have
to be heard and freedom of expression. guaranteed by the
information about the child and the family? To reach the
1989 Convention on the Rights of the Child.
Rights Guarantee System and to attend the Special Social
Protection Policy, the child had the support and guarantee We demonstrate that there are advances in reflection on the
of comprehensive care in the provision of basic services that theme of child sexuality with regard to non-revictimizing

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practices of child victims of sexual violence in legal violence give to the fact before, during and after the
proceedings around the world. The child is no longer listening procedure in judicial proceedings.
subjected to multiple inquiries, a sensitive mode of The normative and institutional mechanisms for doing so
intervention on the part of adults is sought, adapting the must improve the principles of human rights and not base
language to the child's age and an impact on the intervention professional practice exclusively on legal principles, in the
that values the child's word effectively as evidence in legal search for the objective truth of law and in respect for the
proceedings. chronological time of judicial proceedings.
In the field of Psychology as a professional practice in the The difficulty in organizing ideas about the subject is found
intervention model proposed by the 'Depoimento sem Dano' in this barrier between the limits of psychological and legal
Project in Rio Grande do Sul, the discussion is recent. sciences. There is no consensus either among professionals
Psychology is involved in the multidisciplinary team and, of the two sciences or among professionals of science itself
therefore, needs to position itself in relation to its praxis in about a procedure that guarantees reduction of damage in
the legal field. the method of listening to child victims of violence in legal
Winnicott's theory of emotional development emphasizes proceedings.
the importance of the environment in the child's emotional There is unquestionable progress in studying the subject,
development for the constitution of the personality by especially in the implementation of the Doctrine of Integral
having environmental failures as the main etiology of the Protection in the relationship between citizens-citizens and
different psychopathological conditions as a fundamental citizens-actors of the child protection network and
element. Therefore, if the focus is on the understanding that guarantee system. But it is necessary to encourage research
we want to protect and guarantee the rights of children, on the child's subjectivity in the face of the listening
psychological science allows us to consider all aspects of procedure in judicial proceedings; this is one of the ways for
child development, guide and correct environmental Psychology to subsidize its work and build guiding
failures that enable the healthy development of the child. parameters of its praxis based on theories of human
The process of listening to child victims of sexual violence development. And, above all, to guarantee means so that the
in court proceedings has quantitative data that prove the child does not have to have his or her testimony representing
guarantee that the child's word is valid as evidence in him or her as being fully responsible for the decision of
holding the offender accountable. But there is a limitation professionals in legal proceedings.
in what is discussed as the problem involved for
psychology. It is questioned which role the psychologist
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