Full criminal guarantee, social sustainability and victims of crime

Abstract

This article aims to analyze the relationship between full criminal guarantees and the principle of sustainability in its social dimension, with a focus on the protection of the rights of crime victims. Based on the observation that the Brazilian criminal justice system has historically prioritized the rights of the defendant while neglecting the victim, it is argued that full criminal guarantees, as proposed by Douglas Fischer, must incorporate positive obligations of the State aimed at the effective realization of the victims’ fundamental rights. As for the methodology, the inductive method was employed, along with techniques such as referent, categorization, operational concepts, and bibliographic research in legal works and specialized journals, in addition to normative and jurisprudential analysis, including decisions of the Inter-American Court of Human Rights. It is demonstrated that the State’s omission undermines the social sustainability of the criminal justice system, fostering impunity and institutional discredit. The article concludes that criminal prosecution which disregards the rights of victims is unconstitutional, contrary to international human rights standards, and socially unsustainable. Full criminal guarantees provide the necessary normative framework for a balanced State action that upholds the rights of all parties involved, promoting material justice, compensation for harm, and dignity for victims.