A redução da maioridade penal e suas consequências no âmbito dos direitos fundamentais do adolescente infrator: incompatibilidade entre a proposta e a ressocialização do menor

Abstract

It seeks, first of all, to explain the basic functioning of the Brazilian penitentiary system according to the current context and reality, and how it is detrimental to the prisoner, since the prison sentence does not fulfill its basic functions, the main function being to re-socialize the individual. In this perspective, it seeks to show how a teenager could never be recovered within this type of environment and that the existence of specific legislation to treat adolescents in conflict with the law is extremely important in guaranteeing their fundamental rights established by the Constitution and ECA . It recognizes that the current system of socio-educational measures is a problem and needs to be improved, seeking to improve the quality of care for minors, yet it is the best model of treatment and sanction for these young people. It socially analyzes the context of life of these offending adolescents in the search for an understanding of how they enter the life of crime and traces the basic fundamental rights that must be guaranteed to them by the State and society