Infrational act in adolescence: problematization of the access of the justice system

Abstract

This article leads to a reflection about the matter of the infraction act in the juvenile penal law system, historically demarked by two distinct periods: from the Irregular Situation Doctrine to the Integral Protection Doctrine. This doctrinaire change represented a qualitative leap in the assistance policy to the Brazilian childhood and adolescence, since the promulgation of the Child and Teenager Statute, determined by the Federal Law number 8069/90. However the juridical/normative consolidation of the rights concerned to the peculiar conditions of the children and teenagers did not mean its effective applicability, fact which reveals the contradiction of the access to law: the teenager author of the infraction act reaches the law system through the infraction via and not through the perspective of law, once the State has revealed to be unable to assure the law operation, deficit related to the lack of public policies for the childhood and youth concerning their needs and rights.

Key words – Infracting teenager. System of the juvenile penal justice. Public policies.