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Children's testimonial: a watershed in judicial proceedings?

This paper seeks to present the testimonies of children and how have being considered in court decisions related to cases involving allegations of sexual abuse against children. To this end, we analyzed court decisions of three Brazilian courts issued in the period between August 2009 and March of 2010. By employing content analysis to evaluate the material obtained, it was observed a wide application and evaluation of the testimony of children, justified by the fact that such occurrences have no other witnesses, nor would give evidences, and the need to combat impunity in those crimes. Other allegations were used: the presumption of correctness given to the child's word, the strength and consistency of reports and the lack of reasons for the child falsely accusing the defendant. We conclude by indicating interdisciplinary studies to assess possible consequences of electing the child's word as a main legal proof.

Child testimony; Children inquiry; Child sexual abuse; Forensic psychology


Universidade de São Francisco, Programa de Pós-Graduação Stricto Sensu em Psicologia R. Waldemar César da Silveira, 105, Vl. Cura D'Ars (SWIFT), Campinas - São Paulo, CEP 13045-510, Telefone: (19)3779-3771 - Campinas - SP - Brazil
E-mail: revistapsico@usf.edu.br