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- Title
POR QUE ESTÃO ME INTERNANDO? UM ESTUDO SOBRE OS CRITÉRIOS UTILIZADOS PARA A IMPOSIÇÃO DA MEDIDA SOCIOEDUCATIVA DE INTERNAÇÃO NA COMARCA DE SÃO BORJA.
- Authors
Cantini, Adriana Hartemink; Rodrigues Vitório, Vania Cristina
- Abstract
The analysis of the criteria used by the Judge of Childhood and Youth for the application of the socio-educational measure of hospitalization to the adolescent in conflict with the law is the subject of this study. Three judicial proceedings were analyzed, with final decisions, in the District of São Borja-RS, with sentences rendered by different judges, where they were hospitalized. The governing legislation of the subject - Federal Constitution and Statute of the Child and Adolescent -, erected the adolescent to the condition of subject of law, considering him person in peculiar condition of development, adopting a differentiated criteria for application and execution of the socio-educational measure (Doctrine Of Integral Protection), extending the discretion of the Judge of Childhood and Youth. Although the vanguard of doctrine, based on fundamental principles, is diluted in the effective application to the concrete case, by the use of subjective parameters of the judge that dispenses with essential elements (circumstances), besides the non-observance of technical referential issued by other professionals, such fact results in an affront to the guiding principles of the Statute of the Child and the Adolescent and the restriction of the numerous guarantees to the adolescent offender.
- Publication
Quaestio Iuris (QI), 2018, Vol 11, Issue 1, p620
- ISSN
1807-8389
- Publication type
Article
- DOI
10.12957/rqi.2018.29106