Adolescente em conflito com a lei: uma análise do direito à ampla defesa em Goiânia/Goiás

Detalhes bibliográficos
Ano de defesa: 2017
Autor(a) principal: Borges, Lélia Moreira lattes
Orientador(a): Durães, Telma Ferreira do Nascimento lattes
Banca de defesa: Durães, Telma Ferreira do Nascimento, Bonesso, Márcio, Oliveira, Dijaci David de
Tipo de documento: Dissertação
Tipo de acesso: Acesso aberto
Idioma: por
Instituição de defesa: Universidade Federal de Goiás
Programa de Pós-Graduação: Programa de Pós-graduação em Sociologia (FCS)
Departamento: Faculdade de Ciências Sociais - FCS (RG)
País: Brasil
Palavras-chave em Português:
Palavras-chave em Inglês:
Área do conhecimento CNPq:
Link de acesso: http://repositorio.bc.ufg.br/tede/handle/tede/8806
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.