Tutela cautelar da vítima no processo penal

Abstract

Recent studies of the criminal procedure provide a new perspective with respect to the victim of crime and the objective of this paper is to analyze their consequences in relation to the mechanisms for precautionary protection. Human dignity and the regulations of the Social and Democratic State Law impose respect for the fundamental rights of the victims of crime, and this implies the creation and implementation of protective mechanisms. The criminal system is the adequate mechanism for the protection of the victim of crime, who should be treated as a subject under law and process. For this requirement, precautionary protection should be adequate and efficient for the redressing of damage and the protection of the safety of the victims. The natural protection measures established in the Brazilian criminal procedure partly meet the needs of the criminal victim, since an increase in protective mechanisms has been shown to be necessary, alongside with, particularly regarding issues of fact, the improvement of access to justice, aiming to democratizing protection to all victims of crime