The Use of Juvenile Offenses in Supporting the Decree of Pretrial Detention

Abstract

This article examines the limits of the doctrine of integral protection, as provided for in the Constitution of the Federative Republic of Brazil and Law No. 8,069/1990, particularly with regard to individuals who have reached adulthood but committed offenses as juveniles. It discusses how criminal garantism should be understood and how the expression ‘guarantee of public order’—one of the requirements for the imposition of pretrial detention—should be interpreted, based on the assessment of the defendant’s dangerousness, grounded in the analysis of conduct carried out during adolescence while in conflict with the law.

From this perspective, the article also analyzes the recent position of the Superior Court of Justice on the subject.