O melhor interesse das crianças e adolescentes vítimas de estupro de vulnerável na realização de aborto: estudo de caso do Agravo de Instrumento nº 70068641836 do Tribunal de Justiça do Rio Grande do Sul

Abstract

The present article intends to analyze the theme of child and adolescent's best interest, delimiting the observance of the principle in cases when children and adolescents are victims of statutory rape and the possibility of them having an abortion, before the qualified immunity posed by the article 128, line II of the Criminal Code. For that, a case study of the Interlocutory Appeal nº 70068641836 was carried out, in which the process of revictimization of the applicants is also analyzed. Based on the case, the research problem asks: To what extent does the decision rendered by the Court of Justice of Rio Grande do Sul in the Interlocutory Appeal No. 70068641836 ensures the principle of the best interests of the child victims of statutory rape that look forward to having an abortion. The general objective of the investigation is to verify to what extent, and in what way, the decision issued by the Court of Justice of Rio Grande do Sul, used the principle of the best interest of the child (and adolescent) as a basis, starting from the hypothesis that the principle was not observed at the trial. For this purpose, the deductive method of approach was applied, as well as the methods of bibliographic and monographic procedure, in order to carry out a review of publications on the subject and the case study analyzed, respectively. It was concluded, therefore, that it is necessary to observe the principle studied in all decisions that deal with the Right of Children and Adolescents, which, in the analyzed case, was not done by the judges.