Los Derechos Fundamentales de la Víctima en el Proceso Penal

Abstract

The evolutions of Criminal Law and Criminal Procedural Law have been in the line ensuring the application of the just punishment to the accused and that this is the result of a process that complies with all the guarantees that ensure due process. In this orbit, the rights of the accused have been developed in an exponential way, considering the normative systems a wide range of rights that the accused, both in the criminal investigation and in the trial, in the sentence and in the execution of the same, can exercise. That is why the present work wants to highlight the marginalization that has been made, in this evolution of rights, of whom we consider is the main subject in the commission of a crime; the victim. In both Brazil and Chile, the frameworks of this work, there is hardly any merely formal recognition of rights for victims, lacking guarantees and mechanisms that ensure effective access to justice. As a consequence of the foregoing, the victims are not assured an effective judicial protection of their scarce rights, which constitutes a double victimization of them, which goes not only against the trends of comparative law, but also against jurisprudence of the Inter-American Court of Human Rights.