PENSAMENTO JURÍDICO - Menores infratores e as medidas socioeducativas

Summary

In this insightful discussion, Judge Riza Aparecida Nery, a specialist in juvenile justice, talks about the challenges young people face in avoiding crime, particularly in Belo Horizonte. She emphasizes the role of early employment in steering youths away from criminal activities, highlighting the importance of legislation and public policies. Nery discusses the judicial processes involving minors, the importance of integrated systems like the 'Centro Integrado de Atendimento ao Adolescente', and the impact of restorative justice. She also shares her stance on the age of criminal responsibility and stresses rehabilitation over punitive measures, advocating for rehabilitation programs in socio-educational centers.

Takeaways

• 😀 Early entry of young people into the workforce can help keep them away from crime, but the legislation currently allows work only from the age of 16, despite some experts advocating for the possibility of working from 14.
• 😀 The absence of employment opportunities for young people often leads to involvement in crime, as they spend unproductive time at home or in the streets, increasing exposure to criminal activities like drug trafficking.
• 😀 Some adolescents are already capable of working at 14 years old, and offering them job opportunities would provide a constructive alternative to engaging in illegal activities.
• 😀 The importance of restorative justice programs in schools is emphasized, though it’s acknowledged that these alone are insufficient to prevent youth involvement in crime.
• 😀 A key challenge in preventing youth crime is the lack of public policy and resources, particularly for young people living in underserved areas without sufficient support structures.
• 😀 The integrated system within Belo Horizonte's justice system, involving police, judiciary, and public defenders, helps speed up the legal process for young offenders, ensuring swift hearings and decisions.
• 😀 Once an adolescent is detained, the legal system works quickly: a preliminary hearing is held within 24 hours, and the child is either released or placed in a detention center depending on the crime’s severity.
• 😀 The program aims to address the rehabilitation of minors by not only providing education but also workshops (e.g., theater, sports, and beauty courses) to keep them engaged and teach them valuable skills.
• 😀 The profile of young offenders is often shaped by their family environment, with many coming from backgrounds where parents are involved in criminal activity, substance abuse, or absent altogether.
• 😀 Despite public debates over reducing the age of criminal responsibility, the judge argues against it, suggesting that the current system, which includes socio-educational measures, provides better outcomes for young offenders than adult prisons.
• 😀 Data from the system suggests that the recidivism rate is much lower for adolescents who undergo socio-educational rehabilitation, compared to adult offenders who face higher rates of recidivism in overcrowded prisons.

Q & A

What role does early entry into the job market play in preventing youth involvement in crime?

Early entry into the job market can help steer young people away from criminal activity by providing them with opportunities and responsibilities, reducing the time they spend idle or engaging in risky behaviors such as drug trafficking.

At what age does current legislation allow adolescents to enter the workforce in Brazil?

Under current Brazilian law, the Estatuto da Criança e do Adolescente (ECA), adolescents are allowed to work legally from the age of 16. However, there is discussion about allowing them to work from the age of 14, as some believe adolescents at this age are capable of handling work responsibilities.

How does the lack of structured activities contribute to youth involvement in crime?

When adolescents lack structured activities, such as work or productive hobbies, they often turn to activities like spending time on social media, watching TV, or hanging out on the streets, which increases their exposure to criminal activities, including drug trafficking.

What is the role of the Integrated Adolescent Service (CIA) in Belo Horizonte?

The CIA in Belo Horizonte is a collaborative space where various institutions, including the police, judiciary, public defenders, and social services, work together to provide quick responses to juvenile delinquency. The system ensures that adolescents who are apprehended receive immediate hearings and decisions about their cases.

What are the key benefits of the Integrated Adolescent Service (CIA) model?

The CIA model allows for a swift and integrated response to adolescent delinquency. It brings together the police, judiciary, and other support agencies in one location, ensuring that adolescents are quickly processed, with hearings and decisions made within a day. This expedites justice and reduces the risk of reoffending.

How does the justice system handle adolescents who commit less severe infractions?

Adolescents who commit less severe infractions typically receive penalties like warnings, service to the community, or educational programs. The justice system also emphasizes rehabilitation, with support structures like therapy, family involvement, and job training, to prevent reoffending.

What measures are in place to involve families in the rehabilitation process of adolescents?

Family involvement is crucial to the rehabilitation process. The justice system includes families in hearings and works to restore communication between adolescents and their families. There is also the use of restorative justice programs, which involve dialogue to repair relationships and prevent future offenses.

What is restorative justice, and how does it relate to youth crime prevention?

Restorative justice is a process that focuses on repairing harm caused by criminal behavior through dialogue between the offender and the victim. For adolescents, it aims to restore family relationships and encourage accountability, which can reduce future criminal behavior and improve social reintegration.

What is the profile of adolescents who are most likely to engage in criminal activities?

Adolescents most likely to engage in criminal activities often come from families with limited resources or who are involved in criminal behavior themselves. They typically live in impoverished areas with little access to supportive public policies, leading them to seek quick ways to earn money, such as through drug trafficking.

What are some of the most common infractions committed by adolescents, and how are they dealt with in the justice system?

The most common infractions committed by adolescents include drug trafficking, theft, and homicide. The justice system addresses these infractions by applying graduated measures based on the severity of the crime. Less severe cases may result in warnings or community service, while more serious offenses may lead to detention in a socio-educational center.