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Juvenile Deprivation of Liberty in Brazil: Discretion, Expansion and Deterioration

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The Palgrave International Handbook of Youth Imprisonment

Part of the book series: Palgrave Studies in Prisons and Penology ((PSIPP))

Abstract

The number of youth in juvenile detention in Brazil has grown immensely over the past few decades, despite internationally acclaimed children’s legislation (in 1990) that established a new framework for youth and adolescent criminal justice. National law grants great discretion to prosecutors and judges who do not always adhere to international standards. This chapter provides an overview of juvenile justice in Brazil and groundwork for understanding the potential and challenges of the Brazilian system. A descriptive methodology includes analysis of federal data from 2006 to 2016 and a literature review. The study finds that discretionary legislation, coupled with selective policing, and priority in deprivation of liberty have resulted in the expansion of the detention system, overcrowding and deterioration of detention conditions.

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Notes

  1. 1.

    For the purposes of this chapter the term “detention” will be used as a synonym for “deprivation of liberty”, which under Brazilian Law is composed of three circumstances: pre-trial internment, internment and semi-liberty; typology discussed in this chapter.

  2. 2.

    In this article, “detention” is used as the English translation for the term “internação”, which is the most restrictive form of deprivation of liberty under Brazilian law.

  3. 3.

    The author will use the terminology of criminal responsibility instead of liability or others because it would entail detailed translating efforts to communicate the exact same meaning. This discussion, though important, is beyond the domain of this chapter.

  4. 4.

    The author has translated the police authority called delegado de polícia as police chief. The Brazilian police is divided in two main forces: Military Police (responsible for street-level policing) and Civil Police (in charge of crime investigation and processing the prisoners’ arrests by the Military Police). The delegado de polícia is part of the Civil Police and heads police stations.

  5. 5.

    Article 179, ECA (1990).

  6. 6.

    The socio-education system is based on individual responsibility laid out through six socio-educational measures: (1) warning; (2) obligation to repair the damage; (3) provision of services to the community; (4) assisted freedom; (5) semi-liberty and (6) internment. The latter two are custodial measures that amount to deprivation of liberty under the law.

  7. 7.

    The NPM is an independent government body internationally mandated under the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) to carry out visit to places of deprivation of liberty. Since its creation in 2015, the NPM has worked closely on internment units.

  8. 8.

    Favela is what slum-like dwellings are commonly referred to in Brazil.

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Barreto Souza, R. (2021). Juvenile Deprivation of Liberty in Brazil: Discretion, Expansion and Deterioration. In: Cox, A., Abrams, L.S. (eds) The Palgrave International Handbook of Youth Imprisonment. Palgrave Studies in Prisons and Penology. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-030-68759-5_7

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  • DOI: https://doi.org/10.1007/978-3-030-68759-5_7

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  • Publisher Name: Palgrave Macmillan, Cham

  • Print ISBN: 978-3-030-68758-8

  • Online ISBN: 978-3-030-68759-5

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