Art. 208. The commitment referred to in article 203 shall not be granted to the mentally ill and handicapped and children under 14 (fourteen) years of age, nor to the persons referred to in article 206 .
Those who do not commit
Non-approval of commitment: The sick, mentally disabled and children under 14 years of age may not have a perfect and real understanding of the facts they witnessed, which is why the law does not grant them a commitment when they testify. They are not liable for the crime of false testimony. They testify as informants.
Doctrine
Guilherme Nucci: Listening, special testimony and the new crime of violation of procedural secrecy . William Nucci
Fernando Augusto Fernandes: Special testimonial: effectiveness and compatibility as a means of producing evidence. ffernandes.adv.br.
Jurisprudence
Validity of the testimony without damage in sexual crimes against children and adolescents: The fact that the defender and the accused of a sexual crime committed against a child or adolescent are not present at the victim’s hearing due to the use of the inquiry method does not constitute nullity due to defense restriction called “deposition without damage”, excluding any possibility of claiming a defect in view of the lack of an allegation of damage in a timely manner and in view of the acquiescence of the defense to carry out the procedural act only with the presence of the judge, the social worker and the server of the Judgment (STJ, RHC 45.589-MT, Reporting Judge Gurgel de Faria, judged on 2/24/2015, DJe 3/3/2015 – Newsletter 556).
