Vítimas e monstros: a construção do tipo "abuso sexual infantil" em laudos psicológicos no Judiciário.

Abstract

Sexual child abuse is taken in the sense of social constructionism, as a classificatory type, and in a historical approach. The strong moral and emotional loadings of the category are underlined, as well as the notion of moral career of the abused child and abuser . Psychology is one of the fields and disciplines that constructed the category and molds it daily in its practices, theorizations and inclusion in social and political institutions. The dissertation seeks to analyse this molding in a sample of psychological expert reports related to sexual abuse accusations, included in legal proceedings in Family and Criminal jurisdictions in the court of justice of Rio de Janeiro (TJ-RJ). The expert reports analysed were made by staff psychologists of the Tribunal de Justiça do Estado do Rio de Janeiro, by ad hoc assigned psychologists, by professionals of sexual violence victims care institutions and private psychologists. In additional, interviews with five staff psychologists of TJ-RJ, dealing with expert reports in sexual child abuse accusations and the category, are analysed, stating its permanent presence, even not as a boom any more (as had occurred in the beginning of the years 2000), in criminal and children custody and visitation legal proceedings. The analysis testified the presence of two psychology standpoints, one being that of the Family jurisdiction, that works with the correlation litigation false accusation of sexual abuse parental alienation, in a determinist point of view, and the other being that of the Criminal jurisdiction, marked by the exclusion of the valuation of the accused man and by strong preconceptions, supported by sexual abuse psychology, about the abundance of sexual abuses and the testimony of the child victim and the accusers. Controversial notions of classic manuals of sexual abuse psychology, of psychiatry and of common sense about victimization, after-effects, syndromes, pedophilia appear in the reports, as well as, more rarely, the recognition of infantile and adolescent sexuality. Men can appear as victimized parents or morally unfit monsters.