O BEM JURÍDICO NOS CRIMES COM SUJEIÇÃO PASSIVA INFANTOJUVENIL: UMA RELEITURA DO BEM JURÍDICO PENAL À LUZ DOS PRINCÍPIOS NORTEADORES DA CRIANÇA E DO ADOLESCENTE
O BEM JURÍDICO NOS CRIMES COM SUJEIÇÃO PASSIVA INFANTOJUVENIL: UMA RELEITURA DO BEM JURÍDICO PENAL À LUZ DOS PRINCÍPIOS NORTEADORES DA CRIANÇA E DO ADOLESCENTE
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DOI: https://doi.org/10.22533/at.ed.8002427085
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Palavras-chave: Crianças e Adolescentes; Direito Penal; Bem jurídico; Proteção de Vítimas.
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Keywords: Children and Adolescents; Criminal Law; Legal Good; Victim Protection.
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Abstract: For criminal intervention, the concept of legal good is paramount and constitutes a legitimizing condition for protection, given that criminal law is only authorized to intervene when it is exclusively aimed at protecting these legal goods. In the case of specific crimes with children and adolescents as passive subjects, a current reading is necessary in light of the guiding principles of children's and adolescents' rights, especially considering the principle of proportionality and the purposes of penalties. This paper aims to establish a current interpretation of the legal good in criminal law, in light of the principles of comprehensive protection, absolute priority, and the best interests in crimes involving children and adolescents as victims. To this end, a bibliographic research with a qualitative data approach was used to achieve the intended objective. At the beginning of the paper, a brief digression on the evolution of the concept of legal good in light of the purpose of criminal law is presented. Subsequently, the premise that the Federal Constitution should be the primary source guiding the fundamental values deserving of effective protection is established. Following this, the debate on understanding the extent of the protected legal good in specific crimes with child and adolescent victims is introduced. Given that children and adolescents are individuals in a peculiar condition of development, the need to consider the legal good in crimes with this specific passive subject through a systematic and teleological interpretation is observed. This interpretation must take into account the principles that inform this area of law to conclude the extent of the legal good protected in these crimes and its incidence within the scope of criminal law for the protection of children and adolescents or repressive criminal law.
- Douglas Lingiardi Strachicini