Entre a doutrina da situação irregular e a da proteção integral: o conceito de vulnerabilidade e a aplicação de medidas socioeducativas a partir da jurisprudência do Superior Tribunal de Justiça
Drawing from the term ‘vulnerability’ as a possible heritage from the “doctrine of the irregular situation”, the present work studies the different applications of the term in legal processes of juvenile offenders. Such research is justified due to the new Brazilian ‘Child and Adolescent Statute’ an...
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Main Authors: | , , |
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Format: | Article |
Language: | Portuguese |
Published: |
2018
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Subjects: | |
Online Access: | https://dialnet.unirioja.es/servlet/oaiart?codigo=6786093 |
Source: | Revista Brasileira de Direito, ISSN 2238-0604, Vol. 14, Nº. 3, 2018 (Ejemplar dedicado a: Revista Brasileira de Direito. Set-Dez/2018), pags. 55-75 |
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Summary: |
Drawing from the term ‘vulnerability’ as a possible heritage from the “doctrine of the irregular situation”, the present work studies the different applications of the term in legal processes of juvenile offenders. Such research is justified due to the new Brazilian ‘Child and Adolescent Statute’ and its new legislation. From the analysis of decisions from the Superior Court of Justice dealing with vulnerability a classification was elaborated. According to pre-stablished criteria, vulnerability was classified according to the meaning used by the Superior Court of Justice (health, social context, educational level). From this analysis, it was realized that one of the most important aspects of court decisions on juvenile offenders in a vulnerability situation was the involvement with other infractions or the “morally mischievous involvement”. The term was also found to be used as a way to cover almost any abstract situations in the life of young people, and as a consequence, serve as a basis for a more severe socio-educational measure, justifying incarceration and social control of youth. |
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