Justiça restaurativa para adolescentes no Brasil: possibilidades de aperfeiçoamento à luz do princípio da oportunidade

Abstract

This article aims to analyse the possibility of applying the Principle of Opportunity in Juvenile Justice to the Public Prosecution. For this, it will be necessary, at first, to take a historical approach to the treatment given to the teenager from the Code of Minors of 1927, passing through the Code of Minors of 1979 and by the so-called Irregular Situation Doctrine and, finally, reaching the so-called Integral Protection Doctrine, consolidated in the parental rights ordination in the light of the international normative landmarks on the theme, being widely approved by the Federal Constitution of 1988 and the Statute of the Child and Adolescent of 1990. The reflection on the historical evolution of Juvenile Justice in Brazil is justified by the intention of understanding the legal treatment given to the offending teenager in Brazil over the 20th century and the transformation that have made possible the emergence of Restorative Justice as an innovative way of solving conflicts in the context of infant-juvenile parental rights. In the wake, the work highlights the mais aspects of Resolution 225/2016 of the National Council of Justice, which regulates Restorative Justice in the country, and has been built in the light of international standards on the matter and the positive results obtained from its application in others countries. Finally, an analysis of the institutes and principles present in the Statute of the Child and Adolescent of 1990, thus opting for the preference in applying the Principle of Opportunity to the detriment of the Principle of Unavailability of public prosecution, as such a diploma has on special standards, aimed at always achieving the best or higher interest of the adolescent.