A restrição de liberdade de adolescentes como alternativa funcional para diminuição nos índices de violência.

Abstract

The restriction of freedom imposed by ordinances of the judges of Childhood and Youth in children and adolescents who, at night, are prevented from attending certain places without being accompanied by parents or guardians. Thus, the problem is the conflict that occurs between the right to freedom largely ensured children and adolescents in the Child and Adolescent and the Federal Constitution and the duty that the State must protect and care for the right of children and adolescents at the adoption of measures to ensure the physical, mental and spiritual health of those preventing them from being victimized twice by the growing violence, whether as plaintiff, either as a victim of this phenomenon. The aim of this paper is to demonstrate what happens in a situation confrontation between two fundamental rights constitutionally provided for, namely the right to life of dignity and freedom of movement and that the impasse can be resolved by applying the Principle of Proportionality, where mitigation right to freedom by orders of the Courts for Children and Youth may be allowed to protect a greater assurance to recipients, a dignified life, given to minimizing the risks of exposure to violence that the measure involved. This research is justified by this divergence of views regarding the application of this institute, as it hurts a right to protect itself from a larger value. Thus, we used the empirical-inductive method, the historical evolution, by which it will examine the development of laws dealing with the rights of children and adolescents and how the technical literature and jurisprudence, as well as data collection, through field research. The clash of opinions on the subject will be exposed between lawyers and collegiate bodies, either for or against the adoption of the measure. The analysis of information obtained through a questionnaire during the study, the population found common ground in adopting the restriction of freedom as a means to reduce violence committed by and against minors.