O controle sócio-penal dos adolescentes com processos judiciais em São Paulo: entre a proteção e a punição

• Autor(a) principal: Silva, Maria Liduína de Oliveira e
• Data de Publicação: 2005
• Tipo de documento: Tese
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/17955
• topic: Adolescente infrator; Controle sócio-penal; Direito penal juvenil; Proteção integral; Inimputabilidade; Medidas sócio-educativas; Sistema de justiça juvenil; Punição; Estatuto da Criança e do Adolescente - Brasil; Menores infratores; Controle social; Children and Adolescent Statute; Infringer adolescent; Social control; Socio-penal control; Juvenile penal right; Integral protection; Inimputability; Socio-educative measures; Juvenile justice system; Punishment; CNPQ::CIENCIAS SOCIAIS APLICADAS::SERVICO SOCIAL

The present thesis: The socio-penal control of adolescents on judicial process in São Paulo : between protection and punishment, is aimed at the examination of the effective results of the socio-penal control of adolescents involved in infringement process. The references selected were the Children and Adolescents Statute and the Juvenile Justice Administration System in São Paulo. The field for investigation chosen was the examination of the legislation (Minors Code 1979, Children and Adolescent Statute and Penal Code) and an analysis of 42 lawsuit papers filed during 2000, at the Forum of Special Jurisdiction for Infancy and Youthful of São Paulo State Justice Court. The results obtained indicate that: a) in the Minors Code 1979, there was already an intention of socio-penal control of adolescents involved in infringement process, but its materialization was instituted by ECA; b) regarding the Minors Code, many processes of discontinuity and continuity happened with ECA, remaining still the socio-historical of capitalist society; c) ECA owns Penal Code awards to normalize the procedures of infringement acts perpetrate by adolescents; d) the administration systems of juvenile justice promotes injustice instead of justice and also facilitate the occurrence of a perverse cycle of adolescents incrimination; e) the paradigm of integral protection conceived adolescents as subjects of rights and duties, constituting the juvenile penal right, that besides establishing the adolescent right to be summoned to court , established also his possibility to be deprived of liberty and ,therefore, to suffer a penal punishment; f) the juvenile penal right was converted into minors penal right, when it did not implement the quality of processual security of a due legal process; g) there is a tutelary and operating conception of socio-educative measures for the socio-juridical practices; h) ECA sociable horizon is regulated by the plan of a conservative modernization. Such assemblage of elements drive us to a (in) conclusion that pointed over and above the juvenile socio-penal control