Liberdade assistida no Estatuto da Criança e do Adolescente: aspectos da luta pela implementação dos direitos fundamentais / The supervision order in Children and Young Persons Act (1990: aspects of the fight for human rights implementation

AUTOR(ES)
DATA DE PUBLICAÇÃO

2006

RESUMO

The title The supervision order in Children and Young Persons Act (1990): aspects of the fight for Human Rights implementation reveals the approach of this paper. Based on the international rules about child and young persons, it examines critically the doctrines and specially the judgments and decisions based on the 1990 Act. In brazilian system a child is a person aged between 0 and 12 years and a young person between 12 and 18 years. The first chapter analyses de relation between Human Rights and Brazilian Law, having the Interamerican Court decision n 17/2002 as a reference. The second chapter focuses on the concept of young offences. Chapter three consider the nature of noncustodial orders and its varieties. In chapter four is analysed the evolution of the concept of the supervision order. Finally, chapter five studies the supervision order in Children and Young Persons Act (1990) and the difficulties that involves its implementation. The public policies are not capable to reduce vulnerabilities that push children and young people into lifestyles which often result in law-breaking and criminality. Besides controversed issues in the execution of supervision orders are examined, such as lapse of punishment, remission, appeals, habeas corpus and substitution of orders, for example the supervision order for a custodial order

ASSUNTO(S)

adolescente criminologia menores -- estatuto legal, leis, etc. -- brasil criminality criminalidade juvenil young persons act politicas publicas supervision order medida socio-educativa human rights infrator liberdade assistida system a child is a person direitos fundamentais direitos especiais brasil [estatuto da crianca e do adolescente (1990)] law-breaking direitos humanos interamerican court decision n 17/2002 delinquencia juvenil public policies

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