A medida tutelar de internamento

: reflexões críticas

Abstract

Juvenile delinquency is a contemporary phenomenon and a matter open to debate at national, European and international levels.
Societal transformations along with the mediatisation of this predicament led to, at a global degree, a ground-breaking approach to the issues concerning children and young people. This change, based on an idea of protection and education, instilled a new direction in the field of youth justice.
Portugal followed this guideline by establishing a new tutelary intervention system, based on the guarantee of all rights constitutionally enshrined and proclaimed on its ratified international diplomas.
This restructuring movement originated the development of a new Law which
resulted in an effective progress, when compared to its predecessor, and characterised by the core idea: “juvenile education to the justice”.
Based on an analysis of the delinquency concept and driving factors of its action, as well as on the guiding international judicial instruments concerning juvenile justice, it is both intended to approach the educational tutelary model existing in our judicial system and to reflect particularly on the institutional educative tutelary measure: the measure of probation in an educative centre, in an open enforcement system, rethinking its necessity and eventual abolition or restructuring, having in mind the “juvenile education to the justice”.

Date of Award	2012
Original language	Portuguese
Awarding Institution	Universidade Católica Portuguesa
Supervisor	Maria da Conceição Cunha (Supervisor)