Right to Participation

Victims should be treated with respect and have their feelings and interests acknowledged.

Victims should be informed about their rights so that they understand them, along with clear disclosure of their case. All Member States must ensure that victims have free access to victim support services.

Victims should be allowed to participate in the process if they wish. If they choose to get involved, they may be assisted by lawyers or by public defenders if they cannot afford legal representation, provided that they request it. Especially vulnerable victims, such as children, victims of sexual assault, or individuals with disabilities, must be adequately protected.

Victims also have the right to be protected during police investigations and trials.

Crime victims have special rights during the criminal process. These rights are mostly contained in the Code of Criminal Procedure. For more information, please refer to our explanation of criminal proceedings.

Authorities that victims engage with during the criminal process must ensure that the victim is treated with respect, sensitivity, and professionalism and is not subjected to discrimination.

The involved parties should always consider the rights and interests of the victim and ensure the victim's rights are respected.

This is in accordance with the Federal Constitution (art. 1, clause III) and the organic laws regulating the action of each actor in the criminal process.

Law No. 14.321/2022 provides for the crime of institutional violence. According to the law, institutional violence occurs when a public agent subjects a victim of a criminal offence or a witness to violent crimes to "unnecessary, repetitive, or invasive procedures that lead them to relive, without strict necessity, the situation of violence or other situations potentially generating suffering or stigmatisation". Those responsible for practising it can be punished with detention from three months to one year and a fine.

Approved in March of 2022, the rule altered the Abuse of Authority Law (Law No. 13.869/2019), adding Article 15-A to the text. The provision states that the penalty can be increased by 2/3 if the public agent allows a third party to intimidate the victim of violent crimes, leading to undue re-victimisation. If the public agent himself intimidates the victim during the process or investigation, the penalty provided for in the law may be applied in double.

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