The possibility of equal treatment between the victim and the accused as parties in criminal prosecution in light of the Victim Statute (Bill No. 3,890/2020) and the constitutional guarantees reserved for the accused.
DOI:
https://doi.org/10.58725/rivjr.v3i2.141Abstract
This article analyzes the possibility of equal treatment between the victim and the defendant in criminal proceedings in light of the legislative proposal of the Victim Statute (Bill of Law No. 3,890/2020) and the constitutional and international principles and guarantees safeguarding the rights of the defendant. The study offers a critical reflection on the balance between guarantees and fundamental rights, discussing the asymmetrical nature of criminal proceedings and the challenges inherent in constructing a model that simultaneously respects the fundamental rights of the defendant and the victim’s legitimate claims for dignity, protection, and effective participation in the criminal justice process.
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