Representações e racionalização nos processos de adolescentes em conflito com a lei em Rio Branco - AC no período de 1970 - 2008

Abstract

The goal of this work was describe and interpret the representation that prosecutors, judges and defenders of adolescents who engaged in illegal acts, and the rationalization process of the judiciary, specifically the Court of childhood and adolescents. The cases involving children in conflict with the law from 1970 to 2008, which are on the file of the county court of Rio Branco, at Acre state, have been studied. The cases were divided into four periods within which three laws has operated: in the first period of the 1970s, the Code Mello Mattos of 12 October 1927 was in force (Decree No. 17 943 A), which lasted until 1979; in the second period, the 1980s, the Juvenile Code (Law 6697 of 10/10/79); and after 1990, when the Statute of Children and Adolescents (Law 9.069/90) was enacted, two periods were studied: the third period comprises the years between 1990 and 2005, shortly after the SCA entered into force; and the fourth period, between 2006 and 2008, when the SCA had been in effect for over fifteen years. Having available for research processes within a period of nearly 40 years, it was possible to conduct a study of the changes which have happened in the representation and in the process of rationalization. It was observed that rationalization was higher each period. The representations, which were expressed in judgments and opinions, were easily identified in the cases from the 1970s, and have been becoming more difficult to be detected as the process of rationalization has made the judgments and opinions more objective, impersonal, and technical. There are no opportunities for judges, prosecutors and defenders to express their thoughts and personal opinions. Thus the representations are expressed in the laws, and are then assumed by the operators of the law, namely judges, prosecutors and defenders.