"Menor", criança ou adolescente? Quem são os sujeitos do direito à proteção integral do ECA?

Understanding the Terminology in Child and Adolescent Law

Confusion Over Terms

• The speaker highlights the confusion surrounding terms like "menor," "criança," and "adolescente" in public law exams, questioning which term should be used in the context of child and adolescent rights.

Introduction to the Speaker

• Professor Gustavo Cordeiro introduces himself as a prosecutor in São Paulo and an educator on the Statute of Children and Adolescents (ECA), setting the stage for discussing who benefits from ECA's integral protection.

Definitions According to ECA

• Article 2 of ECA defines:

• Criança: A person under 12 years old.

• Adolescente: A person aged between 12 and 18 years.

• Clarifies that upon turning 18, individuals are considered adults, thus no longer classified as children or adolescents.

Historical Context of Terminology

• The term "menor" is linked to outdated legal frameworks (1979 Code of Minors), which viewed minors as objects needing state intervention rather than subjects with rights.

• This historical perspective criminalized poverty, often mislabeling vulnerable situations as irregularities requiring state action against families instead of support.

Critique of Past Legal Framework

• The previous code failed to provide protective measures for children; it was punitive rather than supportive, leading to a rejection of the term "menor" in modern legal contexts.

• Emphasizes that using "menor" can lead to misunderstandings about children's rights during public examinations.

Application of ECA Beyond Age Limits

Exemptions for Young Adults

• Discusses whether ECA applies to individuals over 18. It states that exceptions exist for those aged 18 to 21 under specific legal circumstances outlined in Article 2's sole paragraph.

Implications for Infringements by Minors

• Explains how age affects accountability:

• An individual just shy of their birthday (17 years, 11 months, and 29 days) committing an infraction is deemed not criminally responsible but subject to socioeducational measures.

Transition into Adulthood

• If someone turns 18 on the day they commit a crime, they are considered an adult and will face adult penalties according to Article 104’s provisions regarding age at the time of offense.

Continuity in Legal Proceedings Post-Majority

Ongoing Legal Processes

• Clarifies that reaching adulthood does not automatically terminate ongoing legal proceedings related to infractions committed before turning eighteen; cases continue until resolution regardless of age change.

This structured approach provides clarity on key concepts discussed by Professor Gustavo Cordeiro regarding child and adolescent law within Brazil's legal framework.

Understanding Socio-Educational Measures for Minors

The Impact of Age on Socio-Educational Measures

• When a judge establishes a socio-educational measure, such as internment or assisted freedom, for a 17-year-old, reaching the age of 18 during the measure does not automatically terminate it.

• The socio-educational measure will only be extinguished when the established goals are met or when the individual turns 21 years old, at which point release becomes compulsory.

Legal Implications of Majority Age

• Attaining majority age does not inherently alter the legal process or execution of penalties related to socio-educational measures.

• The subjects entitled to integral protection under the ECA (Statute of Children and Adolescents) are children and adolescents; they should never be referred to as "minors."

Conclusion and Further Engagement

• Gustavo Cordeiro introduces himself as a Justice Promoter in São Paulo and invites viewers to engage with his content on social media platforms for more discussions on child and adolescent law.