O estatuto da criança e do adolescente (ECA) do Brasil e as recomendações da ONU

Abstract

In this work, a study was conducted on the recommendations of the United Nations (UN), to identify the possible convergences and/or divergences from the principles advocated by the Statute of the Child and Adolescents (ECA). The methodological approach was qualitative and, therefore, study the following official documents: the American Convention on Human Rights (1969); United Nations Standard Minimum Rules for the Administration of Justice for Children and Youth Beijing (1985); Convention on the Rights of Child (1989); United Nations Rules for the Protection of Juveniles Deprived of Liberty (1990); United Nations Principles for the Prevention of Juvenile Delinquency Riyadh Guidelines (1990); Federal Constitution of Brazil (1988); Statute of Children and Adolescents (1990); and Social and Educational National Service System (2006). The first chapter aims to understand the context in which international documents issued by the United Nations (UN) that deal with the rights of children and adolescents from the 1990s, particularly those intended for the service were produced adolescent in conflict with the law. The second chapter dealt with the recommendations of the United Nations (UN) and its convergence with respect to the principles advocated by the Child and Adolescent (ECA). As is clear from the investigations, we found that the Principle of Humanity, the Principle of Legality, the Principle of Jurisdiction, the Adversarial Principle, the Principle of Impeachment, the Principle of Advertising Process and the Principle Absolute Priority are expressed in international recommendations and national legislation, particularly with regard to the principles advocated by the ECA, and constitute themselves as concerns the UN with regard to protecting the rights of children and adolescents, especially those who commit infractions.