DIREITOS HUMANOS E O AMPARO AS FAMÍLIAS VÍTIMAS DE CRIMES CONTRA A VIDA

Abstract

The scope of this study is to address human rights – a central aspect of any legal reflection, after all, all rights have an anthropocentric nature – in line with the social and legal support of families whose lives were cut short by violence. In particular, the families of victims of crimes against life. In the wake of this process, the research problem consists of asking how to strengthen means of social and legal protection for “those who remain”, that is, the relatives of victims of completed homicides. The general objective is to reflect on crimes against life from a different perspective of criminal protection: one that focuses not on the life that was cut short, but on the life that, with difficulty, must continue. Hence the importance of a fair investigation, trial, instruction and judgment to ensure that the truth is reconstructed and clarified for the relatives. The methodology used consists of a bibliographic review, carried out in a critical, systemic and integrative manner of the relevant literature, based on an inductive method, explanatory research and a qualitative approach. First, the article discusses the dignity of the human person as a legal- philosophical value. Second, it recognizes the protection of the legal asset “life” as played by criminal law. Third, it analyzes ways to socially and legally protect families of homicide victims. As a result, it is established that the social and legal protection of families of homicide victims requires an integrated and multifaceted approach. First, the dignity of the human person, as a fundamental value, must be central to policies and practices aimed at these families, ensuring that their integrity and rights are preserved and respected throughout the entire judicial process. Second, it is imperative that criminal law, when protecting the legal asset “life”, is not limited to punishing the perpetrator, but also considers the lasting impact on survivors and seeks to offer ongoing support. In addition, the research showed that, in order to strengthen social and legal protection, it is necessary to implement effective mechanisms of psychological, social and legal support, which go beyond palliative measures.