The Juvenile (Penal) Justice between Theory and Practice: A Comparative Study of Judicial Practices in Rio Grande do Sul and Rio de Janeiro

ABSTRACT

Through a comparative empirical study, The Juvenile (Penal) Justice between Theory and Practice: A Comparative Study of Judicial Practices in Rio Grande do Sul and Rio de Janeiro aims to compare the judicial practices for the accountability of court-involved youth and their legitimating discourses in Porto Alegre (RS) and Rio de Janeiro (RJ). It was verified, in both places, a gap between theory and practice. It was noticed that the juvenile justice system in Rio de Janeiro does not confer more guarantees to the youth in comparison to Rio Grande do Sul. It was observed, in both states, remnants of the tutelary logic in the judicial decisions and the manifestations of the juvenile justice’s operators in opposition to the conquers of the law n^o 8.069/90.

Keywords:
juvenile penal law; juvenile infraction; Estatuto da Criança e do Adolescente; criminology; sociology of administration of criminal justice