THE LEGAL GOOD IN CRIMES WITH PASSIVE SUBJECTION OF CHILDREN AND JUVENILES: A RE-READING OF CRIMINAL LEGAL PROPERTY IN LIGHT OF THE GUIDING PRINCIPLES OF CHILDREN AND ADOLESCENTS

• DOI: https://doi.org/10.22533/at.ed.2164122411062

• Palavras-chave: Children and Adolescents; Criminal Law; Legal good; Victim Protection.

• Keywords: Children and Adolescents; Criminal Law; Legal good; Victim Protection.

• Abstract:

  For criminal intervention, the idea of legal assets is at the forefront of relevance and constitutes a legitimizing condition for protection, given that criminal law is only authorized to intervene when oriented exclusively to the protection of these legal assets. In the case of crimes involving children and adolescents as passive subjects, a current reading is necessary, in light of the principles informing the rights of children and adolescents, especially when thinking about the principle of proportionality and the purposes of penalties. The present work aims to establish a current reading of criminal legal rights, in light of the principles of full protection, absolute priority and best interests in crimes involving children and adolescents as victims. To this end, bibliographical research with a qualitative data approach was used to achieve the intended objective. At the beginning of the work, there was a brief digression on the evolution of the notion of legal good in light of the purpose of criminal law. Subsequently, the premise was established that the Federal Constitution must be the primary source guiding the fundamental values that deserve effective protection. Subsequently, we sought to bring to debate the issue related to understanding the extent of the criminal legal good protected in crimes involving passive subjection of children and adolescents. From the observation that children and adolescents are people in a peculiar condition of development, it was observed the need to think about the criminal legal good in crimes with this passive subjection through a systematic and teleological interpretation, which took into consideration the principles that inform this area of law so that it could lead to the conclusion of the extent of the legal interest protected in these crimes, as well as its incidence within the scope of criminal law protecting children and adolescence or repressive criminal law.