O devido processo legal da polícia judiciária com atuação de ato infracional no município de Marabá, na mesorregião sul e sudeste do estado do Pará - Brasil

Abstract

The conduct described as a crime or criminal misdemeanor, when committed by a child or adolescent (article 103, Law 8069/90), is called an infraction, with everything the adolescent has always had their constitutional rights guaranteed (CF 1988), including as the primacy of the right of the human person, achieved with Law No. 8069/90 (ECA), a specific law that made children and adolescents recognized as “subjects of rights.” This regulation is directly related to international treaties, which aim to give dignity to the these people, who until then were seen as unprotected people and discarded by the Brazilian state. Certainly the issue itself requires the interaction of the norm with these adolescents regarding the procedure of the principle of due process by the competent police authority, which is also considered the social vulnerability in which many of these adolescents live and need the support and protection of society, as well as the State. adolescent offender is no different, as he also enjoys the rights and duties guaranteed by the ECA with absolute clarity, based on principles that guide the practice of actions and procedures with these adolescents, considering that they are still victims of neglect and omission of their peers and the state regarding education and the guarantee of other rights and their full social interaction. As an adult, the adolescent offender also has the right to defend and challenge his accusers, has the right to remain silent and to be heard by a duly appointed judge, in addition to the right to be assisted by a public defender in the form of the Law. With the objective of "diagnosing" the actual performance of the competent authorities with adolescent offenders in the municipality of Marabá, based on the search for official data regarding the due process of law in the actions of the judicial police with suspected adolescent and perpetrators of an infraction, it was requested from the competent institutions and data crossing was produced, and in the end it was concluded that there are neighborhoods and weekdays that consume more infractions in the municipality of Marabá, in addition to the absence of significant data for the research in which we dialogued with DA SILVA, SOUZA , PERAZZONI, PROUT and other authors throughout the work. In view of these arguments and the legal grounds that I present this work, I invite you to appreciate and we can talk about the due process in the judicial police with teenagers who commit criminal acts in the municipality of Marabá, state of Pará.