Responsabilidade Penal dos Menores e a possível aplicação alternativa da Justiça Restaurativa

Abstract

This paper analyzes the legal challenge to children and youth crime. The increase in the wave of crime and the intensification of violence require a response from the State regarding the responsibility for this social structure and the prospects of change in this scenario. Based on this assumption, it is fundamental to understand how children and adolescents have been socially and culturally seen throughout history, because conceptualizations have restricted and also recognized inherent rights to being in development. To this end, legal procedures supported by the Statute of the Child and Adolescent are investigated, which foresees applications such as socio-educational measures, criminal accountability and hospitalization - in the last case. In this logic, the Restorative Justice is approached as a public policy that, by approaching those involved in a particular act of infraction practice, is based on the possibility of reestablishing social relations and awareness of the implications caused by the act committed. The objective of this collaborative process is the resolution of conflicts as a tool of Criminal Law, distancing itself from the punitive nature inherent in traditional justice. Therefore, the exposition of this aspect of Criminal Justice aims to broaden the debate about the phenomenon of child and juvenile crime, not limited to the reduction or not of the criminal majority, but considering restorative and combative actions in Brazil.