International norms as a basis for juvenile justice: an analysis of the procedures and trials of infractions developed in the judicial district of São José do Rio Preto

• Grant number: 21/10109-6
• Support Opportunities: Scholarships in Brazil - Scientific Initiation
• Start date: March 01, 2022
• End date: February 28, 2023
• Field of knowledge: Applied Social Sciences - Law - Public Law
• Principal Investigator: Daniel Damasio Borges
• Grantee: Mariana Pereira Siqueira
• Host Institution: Faculdade de Ciências Humanas e Sociais (FCHS). Universidade Estadual Paulista (UNESP). Campus de Franca. Franca , SP, Brazil

Abstract

The present research proposes the analysis of international norms related to juvenile justice, including both hard law (Convention on the Rights of the Child) and soft law (Beijing Rules, Riyadh Guidelines and Havana Rules). Although the soft law instruments are non-binding, they complement international treaties and serve as the basis for the jurisprudential creation of the Committee for the Rights of the Child. Through the analyzes carried out by the Committee, it is clear that the UN standards are not effectively applied at the national level. Therefore, its provisions are not always implemented in the Brazilian reality, with a neglect of the rights of young people in an infraction context. Thus, for the purpose of evaluating how the UN resolutions are applied within a judicial district, the current study is based on the analysis of procedures and trials of infractions carried out by the Judicial District of São José do Rio Preto. The study's object is concentrated in such district due to its wide coverage and the restorative proposals developed by the team. Thus, interviews with professionals of the district and data collection, from the analysis of legal proceedings between 2018 and 2021, will be conducted to find out how International Law is implemented. Finally, it's important to emphasize the relevance of the research due to the lack of similar approaches in the Brazilian context, considering the importance of verifying the application of the UN guidelines.(AU)