A interação entre a intervenção protetiva, a intervenção tutelar educativa e a intervenção penal junto de jovens adultos delinquentes

Abstract

There are several different legal contexts that can involve a child or young person and that translate into different types of interventions that deserve due attention: educational tutelary intervention to which minors between 12 and 16 years may be subject, as agents of facts qualified by law as crime, which immediately brings us to the phenomenon of juvenile delinquency; promotion and protection intervention activated for minors who are in danger and who need protection; and criminal intervention for young adults between the ages of 16 and 21,who commit crimes.In the past, the intention to separate delinquent minors and endangered minors led to the consecration of differentiated intervention models, namely, educational tutelary intervention and protection intervention. However, the need to differentiate two interventions that pursue different purposes is not absolute and frequently there is a need for their articulation and union for a common purpose, which is the materialization of the best interests of the minor. Furthermore, a similar articulation may have to exist between tutelary intervention and penal intervention towards young adults between 16 and 21 years of age. Although from the age of 16, a young person can already be held criminally responsible, this does not rule out the possibility of applying tutelary measures for crimes committed before the age of 16, which leads to an interaction between the tutelary intervention and the criminal intervention in relation to the category of young adults that should be analyzed.From the comparison of these three intervention systems that make up the normative device of the Law of Minors in Portugal, it is possible to conclude that despite being different,sometimes they will have to coexist, given the overlapping of their borders.

Date of Award	29 Nov 2022
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Germano Marques da Silva (Supervisor)