Miriam Estela Cardoso DEDOJA and Gesilane de Oliveira Maciel JOSÉ
Plurais - Revista Multidisciplinar, Salvador, v. 7, n. 00, e023011, 2023. e-ISSN: 2177-5060
DOI: https://doi.org/10.29378/plurais.v8i00.18015 5
criminalized. Later, in 1984, there was the penal reform, which reaffirmed criminal liability at
18 years of age and changed the wording from “irresponsible” minors to “imputable” minors.
The new Federal Constitution, promulgated in 1988, adhered to the Doctrine of
Comprehensive Protection, in which it maintained criminal liability at 18 years of age. The Law
inaugurated a new era for children and adolescents, recognizing them as subjects of rights,
worthy of receiving protection with absolute priority regarding the rights to life, health, food,
and education, among others (Brasil, 1988).
Finally, Law No. 8,069 of 1990 established the Child and Adolescent Statute, bringing
profound cultural and legal political changes regarding the issue of children and adolescents,
establishing the defense of children as citizens subject to rights. The document reaffirms the
obligation to guarantee children and adolescents education, housing, food, family life, and
protection in cases of physical and psychological violence (Brasil, 1990).
Regarding education, the Law of Guidelines and Bases of Education (LDBEM) (Law
nº 9,394/1996) presents as a principle of National Education, in article 2, that education is the
duty of the family and the State, inspired by the principles of freedom and in the ideals of human
solidarity, aiming at the full development of the student, their preparation for the exercise of
citizenship and their qualification for work (Brasil, 1996).
The Law highlights the right to education in a broad sense, as it considers that training
processes develop in family life, in human coexistence, at work, in teaching and research
institutions, in social movements and civil society organizations, and in cultural manifestations.
Regarding teaching, it points out several principles in which equality, freedom, pluralism, and
respect stand out. From this perspective, it is understood that the school process is consolidated
based on the social context in which the individual is inserted, with the state having the duty to
promote basic education, ensuring everyone has the opportunity for school training. Among the
public that must have guaranteed education are primarily children and adolescents (Brasil,
1996).
Despite the rights guaranteed by legislation, it is worth highlighting that the approach
of children and adolescents to the world of crime has been recurrent and involves both milder
and more serious infractions provided for in the legal system.
According to data from the Ministry of Social Development (MDS, 2018), the number
of adolescents and young people complying with Socio-Educational Measures has been
increasing, totaling 117,207 in 2018. Of this group, the majority are aged 16 and 17, that is, at
the end of adolescence, a period considered crucial in the life of any young person.