Abstract

BARTIJOTTO, Juliana; VERDIANI TFOUNI, Leda  and  SCORSOLINI-COMIN, Fabio. Criminal actions included in the discourse of the Brazilian Child and Adolescent Law. Rev.latinoam.cienc.soc.niñez juv [online]. 2016, vol.14, n.2, pp.913-924. ISSN 1692-715X.  https://doi.org/10.11600/1692715x.14202130515.

The objective of this article is to reflect on how criminal acts by children are covered in the Child and Adolescent Statute (ECA) and in the Minors’ Code in the Brazilian context, as well as the Universal Declaration of Human Rights. The authors used the theoretical and methodological perspectives of Pêcheux’s Discourse Analysis, as well as principles of Lacanian Psychoanalysis. It was found that the legislation that was analyzed do not produce a symbolic place for the adolescent; only an imaginary place as a "subject of law" and a "person in development". From the ECA’s perspective, the adolescent is considered as a person that is capable of being educated and whose position as a subject of desire is ignored. The authors conclude that the "criminal act" configures itself as a social symptom and discomfort for society, and that "socioeducational actions" have failed.

Keywords : Youth; legislation; rights of the child.

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