Resumo

D'ANGELO, FLAVIO A.. CONSIDERATIONS ON A LEGAL FICTION: THE PROPOSITION OF INCAPACITY AS A POLITICAL CRIMINAL BASIS FOR UNATTRIBUTABLE CRIMINAL LIABILITY IN THE JUVENILE CRIMINAL LAW. CS [online]. 2013, n.11, pp.367-395. ISSN 2011-0324.  https://doi.org/10.18046/recs.i11.1576.

This article discusses the principle of incapacity as the political criminal basis for the criminal liability in the juvenile criminal law, and explores the reasons that bestow it a character of fiction. The models of juvenile law, as well as the function of the (in) 'capacity' concept within these regulations, are reviewed. It also examines the observed contradiction between the conceptions of capacity and discernment; on these grounds it is proposed an interpretation of the legal concept of incapacity using a (Bentham) fictional key. Finally, the document provides a contribution to the debate about the restructuring of the juvenile law, which has been taking place in Argentina since 1989.

Palavras-chave : Legal Psychology; liability; mental health; moral; adolescence; development; juvenile criminal regime.

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