The Child and Adolescent Statute (ECA) does not provide for the hospitalization of minors for infractions related to violence against animals. The information was given by Ariel Alves, member of the National Commission for Children and Adolescents of the OAB and former national secretary for children’s rights, when commenting on the case of the dog Orelha, during the Live CNN.
“There is no provision for hospitalization or deprivation of liberty, which is the most serious measure provided for in the , in the case of committing an infraction in cases of violence against animals, because the law provides for violence against people”, explained Ariel.
The expert also highlighted that, in addition to the legal limitation, the Public Prosecutor’s Office understood that there is still not enough evidence of authorship in the specific case of ear dog. “Despite the death of the dog, we still do not have, according to him, evidence that is conclusive and conclusive regarding the participation of this teenager. There are no witnesses, there are no videos to prove it,” he stated.
Changes in legislation
In response to the case, the Chamber of Deputies accelerated a project to include among the possibilities that could lead to hospitalization of teenagers. The project will be processed urgently, but Ariel Alves highlighted that the legislation cannot be applied retroactively. “Criminal legislation or even the responsibility of teenagers cannot be retroactive, it cannot go back to when the cases occurred, so it will not apply to this case of the dog Orelha.”, he clarified.
Education and limits
For Ariel Alves, the issue cannot be resolved simply with more severe punishments. “What inhibits the criminal is not exactly the size of the sentence, but rather the certainty of punishment“, he observed. The specialist highlighted the importance of education and the role of families in the formation of young people, mentioning that family abandonment occurs in all social classes.
“Unfortunately, today we have generations of young people abandoned by their fathers and mothers. Abandonment doesn’t just happen in poor families, it also occurs in the wealthier classes. They are abandoned to the internet, they are abandoned to socializing with friends, with their classes”, he warned.
According to data cited by the expert, recidivism in the prison system exceeds 40%, while recidivism in inpatient units reaches a maximum of 20%, which would demonstrate greater effectiveness of socio-educational measures compared to the traditional prison system.
