THE POSSIBILITY OF EXTENSION OF THE MAXIMUM TERM OF PROVISIONAL INTERNATIONS: Legal Prohibition Offensive to substantial due process of law and to the defense of society.
The present work aims to examine the extension of the term of provisional socio-educational measure for juvenile offenders. According to the Brazilian law, (Estatuto da Criança e do Adolescente), this measure can only be used for 45 (forty five) days, and the young person must be released after this...
| Principais autores: | , |
|---|---|
| Formato: | Online |
| Idioma: | Português |
| Publicado em: |
TJDFT
2023
|
| Acesso em linha: | https://revistajuridica.tjdft.jus.br/rdj/article/view/826 |
| Resumo: | The present work aims to examine the extension of the term of provisional socio-educational measure for juvenile offenders. According to the Brazilian law, (Estatuto da Criança e do Adolescente), this measure can only be used for 45 (forty five) days, and the young person must be released after this time limit. However, when creating this rule, the legislator failed to consider a possible complexity in the cases under analysis due factors such as: number of people in the active or passive pole of the demand; need for evidentiary dilatation or other factors deserving specific attention and, consequently, more time to the make an analisis. This work explains the problematic issue through the Brazilian law principles such as the backstop sealing, inefficient protection and due process legal. |
|---|---|
| ISSN: | 2675-9640 |
| DOI: | 10.22477/rdj.v114i00.826 |