Em 1927, o Brasil fixava a maioridade penal em 18 anos

Summary

The video script explores the historical development of child protection laws in Brazil, from colonial practices like the 'roda dos expostos' to the establishment of the ECA (Statute of the Child and Adolescent) in 1990. It highlights the shift from punitive measures to a more rights-based approach, emphasizing the need for special protection for children, particularly those in vulnerable conditions. The script also touches on the challenges faced by the system, including child labor, institutional abuse, and debates over criminal responsibility, while stressing the influence of international child rights conventions on Brazilian law.

Takeaways

• 😀 The early treatment of children in Brazil was influenced by colonial Portuguese laws, with minimal protections for children at the time.
• 😀 The use of 'roda dos expostos' (a wheel for abandoned children) in Brazil was a historical method of anonymously abandoning infants, inherited from Portugal.
• 😀 The 19th century saw an increase in urbanization and child labor, which raised questions about child protection and the responsibility of the state towards children.
• 😀 The Brazilian Criminal Code adopted a theory of discernment to assess whether children aged 9-14 could be held responsible for crimes based on their mental understanding.
• 😀 Bernardino, a young boy, was abused and mistreated after being arrested, which led to greater discussions about creating separate spaces for children in the justice system.
• 😀 The Code of Minors, enacted in Brazil, categorized children as either from the elite or from poor, abandoned, and delinquent backgrounds, with the latter being treated in a discriminatory manner.
• 😀 The Code of Minors marked a legal attempt to regulate child labor, acknowledging the need for specific protections but still subjecting children to harsh legal treatment.
• 😀 The legal system's classification of children as 'minors' often led to their mistreatment, with limited regard for their individual circumstances.
• 😀 The FUNABEM (National Foundation for Children and Adolescents) was criticized for its violent treatment of children in state institutions during the military regime, contributing to mass escapes and overcrowding.
• 😀 The 1990 creation of the ECA (Statute of the Child and Adolescent) was a significant step towards child protection, reflecting international conventions on children's rights and adopting the principle of full protection for all children, regardless of their background.

Q & A

What was the state of child protection in Brazil before the establishment of specific laws?

Before specific laws regulating child protection, Brazil inherited legal frameworks from colonial Portugal and the Philippines. The country lacked clear regulations concerning the treatment of children, and this included practices such as the 'Roda dos Expostos' (Wheel of the Exposed), which allowed mothers to abandon their children anonymously.

What was the Roda dos Expostos and why was it significant?

The Roda dos Expostos was an institution brought from Portugal to Brazil during the colonial era. It consisted of a rotating cylinder where mothers could anonymously abandon their children, ensuring they would be cared for without revealing their identity. It symbolized early child protection attempts, despite its controversial nature.

How did the Criminal Code of the Republic relate to child responsibility?

The Criminal Code of the Republic introduced the concept of 'discernment theory,' which evaluated children aged 9 to 14 to determine their ability to understand the consequences of their actions. Children were considered responsible for their actions if they were deemed capable of discernment, with penalties similar to those for adults but with certain mitigations.

Can you explain the Bernardino case and its impact on child protection?

The Bernardino case involved a young boy who was imprisoned alongside adults for a minor offense. He was subjected to violence and mistreatment while in prison. His case highlighted the need for separate spaces for children, as it was unthinkable for a child to be placed with adult criminals. The case prompted discussions and reforms regarding the treatment of minors in the justice system.

What was the Código de Menores and how did it impact Brazilian society?

The Código de Menores (Code of Minors) was an attempt to establish a specific legal framework for child protection in Brazil. It divided children into two main groups: the privileged children (mainly white and rich) and the marginalized ones (often poor and black). It defined children as 'minors' under state custody, including those considered delinquents, and it laid the foundation for later child welfare laws, despite its controversial application.

What was the role of the state in the Code of Minors?

Under the Code of Minors, the state held significant authority over children, particularly those considered delinquent or abandoned. The state could decide on the fate of these children, including whether they should be sent to reform schools or institutions. The code aimed to regulate child labor and provide legal protection, but it was criticized for being too discretionary and for its harsh treatment of children.

How did the military regime influence child protection policies in Brazil?

During the military regime, institutions like FUNABEM (National Foundation for the Welfare of Children) and FEBEM (State Foundations for the Welfare of Minors) were established. However, these institutions were notorious for abuse and mistreatment of children, often failing to provide education or rehabilitative services, and instead focusing on punitive measures.

What was the significance of the creation of the ECA in 1990?

The creation of the Estatuto da Criança e do Adolescente (ECA) in 1990 marked a significant reform in child protection laws in Brazil. It introduced a more comprehensive approach to safeguarding children’s rights, drawing heavily on international conventions like the 1979 Convention on the Rights of the Child. The ECA is based on the principle of 'integral protection,' ensuring that all children, regardless of their background, are entitled to protection and care.

How does the ECA protect children and adolescents in Brazil?

The ECA protects children and adolescents through a framework that ensures their right to education, health, family life, and freedom from abuse. It emphasizes that all children, regardless of their social status or previous actions, should be protected and rehabilitated when necessary, even if they have committed infractions.

What is the current debate regarding the reduction of the age of criminal responsibility in Brazil?

There is ongoing debate in Brazil about lowering the age of criminal responsibility from 18 to 16. Proposals have been made to allow judges to extend the duration of detention for minors, especially in cases of serious crimes. However, the proposals are controversial, with many arguing that they focus more on punitive measures than on rehabilitation.