Habeas corpus in favor of victims of sexual crimes:

Standing of the Public Prosecution Service and the assistant prosecutor in the protection of human dignity, judicial impartiality, and due process of law

Abstract

This article proposes a constitutional reconstruction of the function of habeas corpus, defending its use in favor of the victim when subjected to unlawful coercion, re-victimizing practices, or human rights violations, particularly — though not exclusively — in the course of criminal proceedings and especially in crimes against sexual dignity. It argues for the active standing of the Public Prosecution Service, at all levels, as well as of the assistant prosecutor, to file the writ aimed at protecting human dignity, declaring nullities arising from abusive hearings, and recognizing the supervening bias of the presiding judge. The constitutional possibility of filing by any citizen (art. 5, LXVIII) is also reaffirmed. The analysis is grounded in the paradigm of constitutional criminal procedure, the prohibition of institutional violence, and the reinforced protection afforded to women by domestic and international law, with particular emphasis on Law No. 14,245/2021 (the Mariana Ferrer Act) as a normative benchmark for legality control and the prevention of practices that undermine the victim's dignity.