“From the vagabond becomes the criminal”: the influence of the positivist imaginary on the social construction of vulnerability and dangerousness of adolescents in conflict with the law

Authors

  • Marília de Nardin Budo PPGD IMED
  • Bárbara Eleonora Taschetto Bolzan Centro Universitário Franciscano.
  • Maria Eduarda de Reis Neubauer Centro Universitário Franciscano.

DOI:

https://doi.org/10.18316/redes.v5i2.3638

Keywords:

Positivism, Critical Criminology, Integral Protection, Statute of the Child and the Adolescent.

Abstract

Throughout Brazil’s history, the rights of children and adolescents were constantly denied and ignored. This work seeks to unveil, through an interdisciplinary bibliographic exploratory research, the way in which the minorist paradigm, together with the sociological and criminological positivism, constructed the dangerousness of the adolescents, as well as the difficulties of overcoming this perspective and consecration of the integral protection paradigm. From the criticism of the biased association between crime and poverty, the text is structured with the initial historical perception prior to the minorist paradigm and its conjugation to positivism, and then to analyze the dispositions and practices in force during the effectiveness of the doctrine of irregular situation. The second part presents the paradigm of integral protection on which the Statute of the Child and Adolescent is based and the methods and concepts currently applied in response to the infraction. It is investigated which criminological perspective would be appropriate to this new conception. From the positivism to the criminological critique, the conclusion points to the necessary rupture of paradigm not only in the academy, but also in the entire socio-educational system.

Author Biographies

Marília de Nardin Budo, PPGD IMED

Doutora em Direito pela Universidade Federal do Paraná. Mestre em direito pela Universidade Federal de Santa Catarina. Graduada em direito e em jornalismo pela Universidade Federal de Santa Maria. Professora do mestrado em direito da Faculdade Meridional (IMED).

Bárbara Eleonora Taschetto Bolzan, Centro Universitário Franciscano.

Graduada em Direito pelo Centro Universitário Franciscano.

Maria Eduarda de Reis Neubauer, Centro Universitário Franciscano.

Graduada em direito pelo Centro Universitário Franciscano.

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Published

2017-11-14

Issue

Vol. 5 No. 2 (2017)

Section

Articles

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