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Brazil (From International Handbook on Juvenile Justice, P 20-33, 1996, Donald J Shoemaker, ed. -- See NCJ-164965)

NCJ Number
164967
Author(s)
C B Leal
Date Published
1996
Length
14 pages
Annotation
This overview of Brazil's juvenile justice system describes both the formal system and the informal system for processing juveniles.
Abstract
The description of the formal system considers the infractional act (behavior depicted as a crime or misdemeanor), individual rights, and procedural guarantees; social-educational measures; investigation of juvenile offenses; police procedures with juveniles; prosecutorial procedures; and proceeding in the judicial phase. The Infancy and Youth Law replaced the penalties previously imposed on minors that were essentially retributive; the new penalties focus on preventive and educational measures that are designed to prepare minors for positive social adjustment. The Minor's Code of 1979 served this end by promoting the treatment of juvenile offenders; it requires, for example, that case dispositions consider the social, economic, and cultural context of juvenile offenders, as well as that of parents or guardians. Each case is studied by a team of professionals to identify a juvenile's needs. Incarceration is a measure of last resort for juveniles. When it is used, the case must be reassessed at least every 6 months; the maximum period of confinement is 3 years, with compulsory release required at age 21. Police procedures with juveniles are carefully regulated by law, and defense counsel for juveniles is mandated. Although social-educational measures for the disposition of juveniles are valued under the law, they are not imposed by judges because of limited community and government support. Because of this, incarceration is being used more often than intended under the law. 3 references and an appended directory of key juvenile agencies