THE APLICABILITY OF CORRECTIONAL MEASURES UNDER THE SOCIAL PARADIGM OF PUNISHMENT TO EDUCATE - A CRITICAL ANALYSE
DOI:
https://doi.org/10.14295/revistadaesmesc.v28i34.p167Keywords:
Child and Adolescent Law, Correctional measures, Efficiency and reach, Infractional act, Applicability of the measures, Punishment as a social paradigm.Abstract
The article that follows bellow will approach the correctionalmeasures foreseen on the Child and Adolescent Statue – 8.069/90 Law, focusing on their applicability and their efficiency/reach. Was analyzed all the procedure of the infractional act and the correctional measures application. For that matter, was studied doctrines and jurisprudence of the Santa Catarina Court of Law, as well as other’s State’s Courts of Law. The research began, initially, approaching the whole infractional act and each applicability of each correctional measure were described and explained, outlining a comparative to Criminal Law. At the end, the applicability/reach of the correctional measures was examined. Studying each one of them individually, according to their differences and characteristics. In the aftermath, was deeply studied the efficiency and real application of each correctional measures, through the thought of resocialization and not punishment. Was confirmed about their applicability and requirements, as well as their limits. The approach method was the dialectical and was done by comparison and legal Search through the Santa Catarina Court of Law’s Library archive, as well as specialized sites on the Internet.
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