Análise do parágrafo segundo do artigo 182 do Estatuto da Criança e do Adolescente – ECA: um paralelo entre o menorismo e a doutrina da proteção integral

Abstract

It aims to develop reflections on the express dismissal for just cause provided for in the second paragraph of article 182 of the Child and Adolescent Statute. It starts from the assumption that just cause represents a criminal procedural guarantee indispensable for the processing of the attributable and, consequently, their waiver becomes manifestly conflicting with the constitutional precepts that delimit the due process of law and the presumption of innocence. The analysis is developed from border between two filters: the dogmatic and the historical. With dogmatism debates the compatibility of dismissal for just cause with the Doctrine of Integral Protection and the democratic rule of law. The historical review analyzes both the impact of Doctrine of the Irregular Situation in the legislative construction of the referred norm, regarding the effects of traces of minorism in the Brazilian Legal System. Use as parameter exploratory, bibliographical and descriptive research techniques. It is concluded that, beyond incompatibility, legal professionals have a duty shared protection of the human rights of children and adolescents, such as manifestations of human dignity itself and as a pillar of democracy and must, therefore, to be able to handle the second paragraph of article 182 of the Statute of the Children and Adolescents in compliance with these duties of responsibility