A proteção constitucional de crianças e adolescentes e os direitos humanos

Abstract

This thesis seeks to demonstrate that 1988's Brazilian Constitution introduced a special system to pratect lhe fundamental rights of children and adolescents, to establish its basic profile, and to analyze lhe reasons of its base. It begins by comparing lhe previous ethical-philosophical conception of such rights and lhe current conceptlon (integral protection paradigm). It discusses some controversial points of lhe human rights problem, among which are lhe fundamental rights of children and adolescents. Also presented in as introduction, lhe centrality of human dignity in lhe 1988's Brazilian Constitution and its juridical consequences are analyzed. The maio theme comes divided in: 1- lhe children and adolescents peculiar condition of person in developing process, that dlstinguish them from lhe adults in lhe juridical perspective; 2- lhe equality of rights among children and adolescents; 3- their special fundamental rights; 4- lhe special structural conformation of their rights. The maio conclusions are: a) 1988's Brazilian Constitution introduced a special system to prateeI lhe fundamental rights of children and adolescents; b) lhe first basic characteristic of this system is that lhe constitutionallaw recognizes exclusive fundamental rights to children and adolescents (e.g., lhe right to familial coexistence, to professional education, to nourishment, lhe right to penal non-imputability, to exceptional and brief imprisonment), added to ali other fundamental rights (civil and social rights) that lhe constitutionallaw recognizes when dealing with adulta; c) lhe other feature of this system is lhe special structure of these rights in lhe constitutional law, characterized by shaping lhe fundamental rights of ali children and adolescents in a way that they creste active obligations to lhe obliged party (State, fami/y and society), imposing on them a priority assurement duty concerning those rights; d) lhe core foundation of lhe special system is lhe respect to lhe peculiarities of youth personality, which implies the specification of lhe fundamental rights of children and adolescents, due to lhe principie of suum cuique tribuere, to accomplish In falrness lhe static regulatory function of lhe Law. Thls respect to lhe peculiarities of youth personality siso demanda lhe priority enforcement of lhe fundamental rights of children and adolescents in arder to accomplish lhe social transforrnation's regulatory function of lhe Law, towards lhe Brazilian republlc's basic constitutional gO8Iwhich is lhe strive to build a free, fair and solidária (fratemity1) society, endlng poverty and marginalization, and diminishing social inequalities (third article of 1988's Brazilian Constitution)