Limites ao internamento de jovens em centro educativo

• Autor(a) principal: Almeida, Tânia Rodrigues
• Data de Publicação: 2017
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/21415
• topic: lei tutelar educativa; jovem delinquente; medida de internamento; privação de liberdade; educação para o direito; centro educativo; centro educativo; revisão das medidas tutelares educativas; tutelary educational law; young offenders; institutionalisation measure; deprivation of liberty; education towards the law; educational centers; review of tutelary educational measures; Direito

Entitled “Limits of young offenders’ institutionalisation in educational centres”, this thesis aims to reflect upon the limits of deprivation of the liberty of young offenders in said context. This research arises from the importance of recognising fundamental rights of young offenders institutionalised in educational centres, and from the need to review current legislation concerning situations which result in the aggravation of that specific measure. The institutionalisation measure in education centres is the most severe educational tutelary measure, since it encompasses the restriction of young offenders’ fundamental rights as well as those of their parents’, representing a large constraint on free decision-making and life choices. Therefore, we examine the consequences of the deprivation of young offenders’ liberties in the educational centre environment, the results of their education towards the law, as well the analysis of the effects of aggravating the institutionalisation measure, namely by extending its duration or the severity of the execution regime. Based on the research conducted, we find grounds to affirm that the aggravation of the institutionalisation measure due to the non-compliance of its obligations by young offenders, contradicts the principles and rights established in both national and international Law. The respect for the fundamental rights of young offenders in educational centres and the annulment of the legal provisions that allow it, stand as important goals towards the establishing of the procedural statute of young offenders as subjects of rights.