Adolescente em conflito com a lei: uma análise do direito à ampla defesa em Goiânia/Goiás
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Data
2017-08-31
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Universidade Federal de Goiás
Resumo
This dissertation had as its objective verify whether the adolescents submitted to the
institutionalization measures in Goiânia, Goiás – Brazil, were guaranteed their right to the
adversarial principle and full defense in their trials. The empirical field of this investigation
consisted of the analysis of cases filed between the periods of 2014 to 2016, and the observation of
hearings carried out in the infractions court of Child and Youth Court of Goiânia, GO and
interviews with public defenders. The Federal Constitution of 1988, the Child and Adolescent
Statute, Criminal Code, Criminal Procedure and Civil Procedure Codes were used as the main legal
references for this study. As theoretical support, Emílio G. Mendez, Pierre Bourdieu and Loïc
Wacquant were also used. These references were useful in the understanding of the infraction
persecution dynamics operationalized by the security and justice system of the State. As well as
that, the understanding of the socio-juridical paradigm in force at each moment of history that
justified the penalization of children and adolescents; the concept of field as a social space in
competition, subject to internal disputes hierarchically established by the monopoly of the
significance of such space, and the intensification of punitive actions by the State allow the
perception of the permanence of the irregular situation paradigm in the professionals’ performances
and judicial decisions. Decisions marked by inequality between institutions that operate in the
juvenile criminal justice system, facing the recent entry of the public defense counsel, not yet totally
structured, in the game of signification and legitimation of a trial that is preponderantly inquisitive.
It brings loss to the exercise of full defense of the adolescents accused of acts of infraction.
Evidence of a mismatch is noticed between the advances in the children’s and adolescents’
acquisition of rights and guarantees and the criminal control operationalized by the juvenile
criminal justice system of Goiânia / GO.
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Adolescente em conflito com a lei , Ato infracional , Contraditório , Ampla defesa , Internação , Justiça penal juvenil , Processo inquisitivo , Adolescent in conflict with the law , Act of infraction , Adversarial , Full defense , Criminalization of poverty , Juvenile criminal justice , CAS (“ECA”)
Citação
BORGES, Lélia Moreira. Adolescente em conflito com a lei: uma análise do direito à ampla defesa em Goiânia/Goiás. 2017. 120 f. Dissertação (Mestrado em Sociologia) - Universidade Federal de Goiás, Goiânia, 2017.