Direito da criança e do adolescente

1. ↑ Statute of the Child and Adolescent ( Estatuto da Criança e do Adolescente ) O Estatuto da Criança e do Adolescente (ECA) é um marco legal abrangente no Brasil que define crianças como indivíduos menores de 12 anos e adolescentes entre 12 e 18 anos. Promulgado em 1990 e enraizado na Constituição de 1988, marca uma mudança significativa de visualizar crianças como objetos para reconhecê-las como sujeitos de direitos. O estatuto estabelece princípios de prioridade absoluta nas políticas públicas e introduz medidas socioeducativas para adolescentes infratores, enfatizando a reabilitação sobre a punição. Abrange procedimentos de adoção, medidas protetivas e define o status legal da juventude. Contributores-chave como Antônio Carlos Gomes da Costa desempenharam papéis cruciais no seu desenvolvimento. O estatuto substituiu a doutrina anterior de "situação irregular" por uma abordagem mais progressista, distinguindo entre medidas protetivas para crianças e intervenções socioeducativas para adolescentes que cometem infrações.

2. ↑ fundamental rights. Fundamental rights can collide in practice, even if constitutional norms are not structured hierarchically. When rights come into conflict, the principle of proportionality serves as a key mechanism for resolution, involving a careful assessment of adequacy, necessity and balanced consideration. Brazilian jurisprudence, particularly the Supreme Court, recognises the direct effect of fundamental rights on private relations, although international legal literature continues to debate the extent and scope of such application. Practical examples include tensions between freedom of the press and privacy rights, limitations in critical situations such as kidnappings, and the adjudication of complex scenarios in the contexts of employment, family and property. Academics such as Sarlet, Canotilho and Rolim have extensively investigated these dynamics, emphasising the nuanced approach needed to optimise the protection of rights while preventing disproportionate restrictions on individual freedoms.

3. ↑ human rights. Human rights are fundamental freedoms and protections inherent to all human beings, regardless of race, gender, nationality or status. Rooted in the philosophical traditions of natural rights and social contract theories, they encompass civil, political, economic, social and cultural dimensions. The modern model of human rights emerged after the Second World War, with the UN Universal Declaration of Human Rights serving as its cornerstone. International and regional systems such as the European Convention on Human Rights and the Inter-American Commission have developed mechanisms to monitor and enforce these rights. Key organisations such as Amnesty International and Human Rights Watch advocate globally for human dignity. Contemporary challenges include addressing ongoing violations, balancing universal principles with cultural contexts and confronting emerging issues such as digital rights and environmental protections. The field continues to evolve, reflecting complex global dynamics of justice, equality and human dignity.

4. ↑ Constitution ( Constitution ) Constitutions are fundamental legal documents that define government structures, rights and principles. They can be rigid or flexible, existing at national, regional or local levels, and are created by a sovereign constituent power. Constitutional reforms are typically carried out by a derived constituent power with specific limitations. Key features include protecting fundamental rights, establishing state mechanisms and maintaining legal supremacy. Control mechanisms ensure constitutional compliance through diffuse and concentrated review processes. Most democratic constitutions are developed through constituent assemblies and include provisions that protect core normative elements. International influences, particularly from the American and French revolutions, have shaped modern constitutional theory. Notably, some constitutions such as India's are extensively detailed, with hundreds of articles and amendments. The principle of constitutional unity emphasises the harmonious interpretation of legal principles, resolving potential conflicts through balanced approaches.

5. ↑ justice. Justice is a complex philosophical and social concept that has been examined through various lenses in different historical periods. Ancient Greek philosophers such as Socrates and Aristotle explored its subjective and corrective dimensions, while medieval thinkers such as Thomas Aquinas connected justice to divine will. Modern theorists such as Rawls, Sen and Dworkin offer diverse perspectives on fairness, equality and social organisation. Key approaches include utilitarian views that emphasise collective happiness, libertarian perspectives that prioritise individual rights and capability-based frameworks that focus on human potential. Academics debate the fundamental principles of justice, examining the distribution of resources, opportunities and social goods. Symbolically represented by scales, a sword and blindfolded figures, justice embodies impartiality, balance and rational decision-making. Contemporary discourse continues to explore how justice can be achieved through legal, economic and philosophical mechanisms, recognising its dynamic and multifaceted nature.

6. ↑ society. A society is a group of individuals interacting to achieve common goals, sharing a fundamental principle of bonding. Characterised by networks of interconnected relationships, societies can be institutionalised or non-institutionalised, ranging from bands and tribes to complex state structures. Communities serve as intermediary groups between individuals and wider societal structures, encompassing family, professional and social networks. Anthropological perspectives emphasise the organisation of societies based on subsistence, technology and communication, challenging previous hierarchical notions. Social norms and institutions play crucial roles in maintaining group cohesion, with mechanisms such as generosity, status recognition and shared rituals. The evolution of societies reflects changing dynamics of cooperation, specialisation and adaptation, demonstrating how human groups organise themselves to survive and thrive in different cultural and environmental contexts.

7. ↑ law. The law has evolved through complex historical stages, from ancient Egyptian and Sumerian codes to sophisticated Roman legal systems. Ancient civilisations developed organised legal structures, with significant innovations emerging in Greece and Rome. Roman law, strongly influenced by Greek philosophy, was systematically codified and subsequently rediscovered in the 11th century, forming the basis for continental European legal systems. During the Middle Ages, custom and case law replaced rigid Roman codes, with the English royal courts developing common law precedents. Modern legal systems emerged with influential codifications such as the Napoleonic and German civil codes, demonstrating increasing standardisation. Throughout history, law has been closely connected to the development of civilisation, continually adapting to changing social contexts and reflecting national identities through philosophical, cultural and professional influences.

Estatuto da Criança e do Adolescente
Purpose	legal system de proteção infanto-juvenil.
Signature location	Brasília, DF Brazil
Author	Congresso Nacional
Signatory(s)	Fernando Collor Bernardo Cabral Carlos Chiarelli Antônio Magri Margarida Procópio
Created	1990 (34 anos)
Ratification	13 de julho of 1990 (34 anos)
Transcribed file from Wikisource

Child and adolescent law

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