Justiça Vitimocêntrica Inclusiva: o in dubio pro victima como alternativa em contextos de vulnerabilidade coletiva

Inclusive victim-centered justice: in dubio pro victima as an alternative in contexts of collective vulnerability

Abstract

The article "Inclusive Victim-Centered Justice: In Dubio Pro Victima as an Alternative in Contexts of Collective Vulnerability" presents an approach to victimology within the justice system. The text argues that the traditional model, centered on punishment and the supremacy of formal legal knowledge, is insufficient to ensure the protection of victims, especially in scenarios of collective vulnerability. Thus, it proposes inclusive victim-centered justice, based on the incompleteness of knowledge and institutions, interdisciplinarity, and the decentralization of state guardianship over victims.

The article discusses the in dubio pro victima principle as an alternative for situations of uncertainty, prioritizing victim protection without compromising procedural guarantees. This principle is already applied in areas such as environmental law and the protection of Indigenous peoples and could be extended to criminal justice to ensure greater victim participation in decision-making processes. However, the need for limits is emphasized to prevent distortions that turn victim protection into an excessively repressive and punitive logic.

Furthermore, the text examines how victim inclusion can be strengthened through institutional policies, such as the separation of magistrates responsible for protective measures from those who decide on ultima ratio criminal matters. This distinction would reinforce judicial impartiality and prevent protective decisions from improperly influencing the judgment of the aggressor.

The proposed victim-centered approach should not be confused with in dubio pro societate, nor does it justify the automatic predominance of the victim's statement in criminal proceedings. Instead, it represents a model of inclusive and non-violent justice, expanding victim participation in decision-making processes without compromising the defendant’s right to defense.

Finally, the article proposes institutional reforms for the implementation of inclusive victim-centered justice, including the creation of specialized courts for protective measures, the expansion of the precautionary principle, and the incorporation of the epistemologies of the South in the formulation of public policies for victim protection.