The Federal Attorney’s Office for Citizen’s Rights, an agency linked to the Federal Government, published a technical note in which it calls a serious legal and social setback what increases the maximum period from three to five years.
The project was approved by the CCJ (Constitution and Justice Commission) last Wednesday (8). The text also provides that, if the offense is committed with violence or serious threat to the person or similar to a heinous crime, the maximum period of internment increases to ten years.
For the MPF body, the proposals contained in the bill, by extending the duration of the socio-educational measure of hospitalization and suppressing the structuring principles of the , represent a serious legal and social setback, incompatible with the Federal Constitution, the ECA and the guidelines of the Convention on the Rights of the Child.
“The legal diploma in question is part of a recurring debate that implies the intensification of state intervention in childhood and youth, proposing a punitive turn incompatible with the model of Juvenile Justice adopted by Brazil”, indicates the note. “This is a serious regulatory setback, compromising constitutional, legal and international guarantees.”
The prosecutor’s office also highlights that the increase in hospitalization to five years brings the duration of the socio-educational measure closer to the sentences applicable to adults, “dissolving the constitutional boundary that distinguishes the socio-educational system from the common criminal system and thus violating the principle of proportionality and the pedagogical nature of state intervention”.
The note states that the project inverts the founding logic of the Brazilian socio-educational system, “moving it away from its pedagogical and protective character, to bring it closer to a repressive rationality incompatible with the Federal Constitution and the international commitments assumed by Brazil”.
“The expansion of hospitalization, combined with the reduction of judicial control and the lack of budgetary impact analysis, will accentuate the structural and human rights crisis that already affects the socio-educational system, worsening overcrowding, as well as the risks of torture and institutional violence”, writes the MPF body.
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