Recognition, Redistribution and Popular Participation: Towards an Integrative Judicial Policy

Anced and Renade present 7 arguments against increasing teenage length of stay

July 23th, 2015

The Federal Senate approved on July 15 increasing the length of hospitalization of adolescents - perpetrators of infraction - from 3 to 10 years. The Anced / Section DCI Brazil - National Association of Centers for the Defense of the Rights of Children and Adolescents and Renade - National Network for the Defense of Adolescents in Conflict with the Law present in Public Note 7 arguments against the proposal.

PUBLIC NOTE

The National Association of Child and Adolescent Defense Centers - ANCED / Section DCI Brazil, a national civil society organization that acts in the defense of the human rights of Brazilian children and adolescents, and the National Adolescent Defense Network in Conflict with The RENADE Act is publicly opposed to the proposal approved by the Federal Senate to increase the maximum length of detention of adolescents from 3 to 10 years in cases of heinous crimes, based on the following arguments:
- The proposal to increase the length of hospitalization has been approved as a cash ring as an alternative to reducing the criminal age without any deeper discussion on such a complex issue. It is not permissible to bargain the length of hospitalization by not reducing the criminal age, as a serious human rights flexibilization cannot be promoted to avoid another.
- This is unconstitutional as the Federal Constitution of 1988 states that the right to special protection for children and adolescents will include obedience to the principles of Brevity, exceptionality and respect for the peculiar condition of a developing person when applying any measure depriving him of liberty (Art. 227, § 3º, V).
- The Child and Adolescent Statute and the pedagogical parameters of adolescent accountability are great achievements of the Brazilian social order. The bill approved by the Federal Senate violates the principle of prohibition of social backwardness, which is recognized by the Supreme Federal Court.
- Subjecting adolescents to up to a decade in detention is contrary to Brazil's international treaties, in particular the UN Convention on the Rights of the Child, which provides that the detention, imprisonment or imprisonment of a child shall be carried out in accordance with the law and only as a last resort and for the shortest time (Art. 37, b).
- Article 2o The 8.069 Act of 1990 states that adolescence is a short period of life (6 years), starting from 12 years to incomplete 18 years. The proposal approved by the Federal Senate is so disproportionate that it allows a human being to be deprived of liberty every year of his adolescence, thus disregarding the principle of proportionality that should govern the Public Administration.
- The reduction of infringement practices in adolescence necessarily involves the confrontation of social inequalities and, especially, the implementation of the National System of Socioeducational Care - SINASE.
- The logic of expanding punitive state practices in Brazil, such as the proposal to increase the length of hospitalization, has been clearly ineffective, as it not only prevents the growth of crime, but intensifies the psychosocial damages, often making them irreversible for the adolescent and the whole society, promotes even more violence.
Thus, ANCED / Section DCI Brazil and RENADE require the Legislative, Executive and Judiciary Powers to prevent further retrogression in Brazilian legislation and to avoid amending the Statute of Children and Adolescents to increase the length of stay of adolescents who have committed an offense.

Brasilia / DF, July 17 of 2015.

ANCED Coordination / DCI Brazil Section

National Network of Adolescent Defense in Conflict with the Law - RENADE