A perda do objeto socioeducativo: uma análise sobre a morosidade do estado diante do ato infracional
The present study aims to investigate the loss of socio-educational pretension, examining the possible impacts of the State's tardiness in responding to infraction acts committed by adolescents. The research also sought to study the legal basis that authorizes the extinction of procedures for t...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/54173 |
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| Resumo: | The present study aims to investigate the loss of socio-educational pretension, examining the possible impacts of the State's tardiness in responding to infraction acts committed by adolescents. The research also sought to study the legal basis that authorizes the extinction of procedures for the investigation of infractions and the execution of socio-educational measures in the face of this phenomenon, as well as to examine the debate about the appliance of the institute of penal prescription in the execution of socio-educational measures. The methodology used the deductive method with a qualitative research approach. Bibliographic and jurisprudential research about the theme was carried out, by consulting books, academic works, Brazilian legislation, and court decisions. The socio-educational process was perceived as an important way of enforcing the fundamental rights of adolescents in conflict with the law, able to promote the resocialization of these individuals. Thereby, the state’s sluggishness in inserting the adolescent in the activities proposed in the execution of the socio-educational measure has the potential to be more harmful to the adolescent than to the State. In addition, it was verified that the application of penal prescription in the socio-educational sphere, authorized by Precedent nº 338 of the STJ, still occurs in a divergent manner in state court decisions about the computation of the statute of limitations. At the end of the study, a legislative proposal is suggested to regulate the socio-educational prescription. |
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