Uma reflexão sobre os direitos da criança e do adolescente à luz da política jurídica

Autor Principal: Mariza Schuster Bueno
Tipo: Teses/dissertações
Idioma: Português
Publicado em: 2008
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The object of study of this dissertation is a reflection on the rights of the child and adolescent, taking as a reference Legal Policy, and considering its theoretical and human approach.

The deductive method is used in the investigation, i.e.

having established a general theory, the research then focuses on parts of the phenomenon, in order to support the theory.

The sources used are mainly primary ones.

The dissertation is presented in three chapters: 1) Legal Policy and the new rights.

This section focuses on the contribution of legal humanism to the construction of the concept of justice, the relationship between the law and justice, theoretical reference and foundations of legal policy, legal policy and the production of fair legal rules, and legal policy and the new rights.

2) Human rights and the rights of the child and adolescent.

This section focuses on a new dimension of human rights, the principle of dignity of the human being, foundations of the Estatuto da Criança e do Adolescente (Statute on the Child and Adolescent), the principle of the Doctrine of Total Protection, the possession of rights from an emancipatory perspective, public welfare policies, and access to justice.

3) The criminal act and the Estatuto da Criança e do Adolescente.

This section analyzes the sociological aspects of violence, the criminal act and the process of crimilization of the young offender, protectional and socio-educational measures in light of the foundations of Legal Policy, Juvenile Penal Code, and the draft Lei de Diretrizes Sócio-Educativas (Law on Socio-Educational Guidelines) presented by the Brazilian Association of Magistrates and Prosecutors of Children and Adolescents.

The Final Considerations presents the conclusions obtained in this research, with some reflections on the theme.

Finally, in order to remain faithful to the ideas, direct citations, paraphrases and mixed citations are given in the study report, always taking care to acknowledge the sources used in the research.

This work is linked to the research group Axiological Foundations of Production of the Law, within the line of research Production and application of the Law, within the area of concentration Foundations of Positive Law