APLICAÇÃO DOS PRINCÍPIOS DO CÓDIGO DE PROCESSO PENAL NA APURAÇÃO DE ATOS INFRACIONAIS: EQUILÍBRIO ENTRE RESPONSABILIZAÇÃO E CARÁTER PEDAGÓGICO

This paper investigates the process of holding adolescents accountable through the application of socio-educational measures. The objective is to analyze how the principles of the CPP influence the implementation of socio-educational measures provided for by the Child and Adolescent Statute (ECA) and how these practices can harmonize the offender's responsibility with their rehabilitation. The methodology adopted is qualitative, based on the analysis of practical cases and a review of relevant legal literature. The study also reveals that although the CPP provides clear guidelines for holding adolescent offenders accountable, these guidelines are often not sufficiently aligned with practices that emphasize rehabilitation and education. The results indicate that the current application of procedural principles may favor accountability to the detriment of the pedagogical function of the process. The research concludes that it is necessary to improve the application of the CPP principles to better balance the aspects of accountability and education, promoting fairer and more effective justice in the treatment of criminal acts. This improvement aims not only to ensure adequate accountability for adolescents, but also to ensure that the process contributes significantly to their rehabilitation and social reintegration.

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Publication Details

Journal
Revista fisio&terapia.
Published
2024-09-15
DOI
https://doi.org/10.69849/revistaft/ar10202409150716
Primary Topic
Brazilian Legal Issues
Type
article
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article

APLICAÇÃO DOS PRINCÍPIOS DO CÓDIGO DE PROCESSO PENAL NA APURAÇÃO DE ATOS INFRACIONAIS: EQUILÍBRIO ENTRE RESPONSABILIZAÇÃO E CARÁTER PEDAGÓGICO

Brenda Miguel Ferrari, Rodrigo Da Vitória Gomes
Revista fisio&terapia.
Brazilian Legal Issues
article

APLICAÇÃO DOS PRINCÍPIOS DO CÓDIGO DE PROCESSO PENAL NA APURAÇÃO DE ATOS INFRACIONAIS: EQUILÍBRIO ENTRE RESPONSABILIZAÇÃO E CARÁTER PEDAGÓGICO

Brenda Miguel Ferrari, Rodrigo Da Vitória Gomes
article en

Abstract

This paper investigates the process of holding adolescents accountable through the application of socio-educational measures. The objective is to analyze how the principles of the CPP influence the implementation of socio-educational measures provided for by the Child and Adolescent Statute (ECA) and how these practices can harmonize the offender's responsibility with their rehabilitation. The methodology adopted is qualitative, based on the analysis of practical cases and a review of relevant legal literature. The study also reveals that although the CPP provides clear guidelines for holding adolescent offenders accountable, these guidelines are often not sufficiently aligned with practices that emphasize rehabilitation and education. The results indicate that the current application of procedural principles may favor accountability to the detriment of the pedagogical function of the process. The research concludes that it is necessary to improve the application of the CPP principles to better balance the aspects of accountability and education, promoting fairer and more effective justice in the treatment of criminal acts. This improvement aims not only to ensure adequate accountability for adolescents, but also to ensure that the process contributes significantly to their rehabilitation and social reintegration.

Revista fisio&terapia.
Peace, Justice and strong institutions
Openalex Percentile: Top 71%
Brazilian Legal Issues
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