出版社：Escola de Direito de São Paulo da Fundação Getulio Vargas
摘要：Since its approval, the child and adolescent act has been attacked for several critics in the public debate. However neither the specialized dogmatic nor jurisprudence have presented effective efforts to the comprehension of the law or its principles, especially related to internment measures applied to young offenders. The text shows the homogeneous appearance of the brazilian jurisprudence into the state courts, according to the most uSed arguments by the decisions. Some results from the “responsibility and guarantees to young offender: a revision proposal for the child and adolescent act in 18 years of existence” research illustrate these difficulties to implement the legislation, avoiding the consideration regarding the open texture of the law as a possible cause for the persistence of extralegal and ideological arguments on its interpretation
其他摘要：Since its approval, the child and adolescent act has been attacked for several critics in the public debate. However neither the specialized dogmatic nor jurisprudence have presented effective efforts to the comprehension of the law or its principles, especially related to internment measures applied to young offenders. The text shows the homogeneous appearance of the brazilian jurisprudence into the state courts, according to the most uSed arguments by the decisions. Some results from the “responsibility and guarantees to young offender: a revision proposal for the child and adolescent act in 18 years of existence” research illustrate these difficulties to implement the legislation, avoiding the consideration regarding the open texture of the law as a possible cause for the persistence of extralegal and ideological arguments on its interpretation
关键词：the child and adolescent act;internment measure;juvenile criminal law;duo process of law;law interpretation;ESTATUTO DA CRIANÇA E DO ADOLESCENTE;MEDIDA DE INTERNAÇÃO;DIREITO PENAL JUVENIL;DEVIDO PROCESSO LEGAL;INTERPRETAÇÃO DO DIREITO
其他关键词：the child and adolescent act; internment measure; juvenile criminal law; duo process of law; law interpretation
