The Moral Responsibility of the Public Prosecution Service in the Individualization of Juvenile Offenses Committed by Adolescents in Conflict with the Law

Abstract

According to the perspective of comprehensive protection, which emerged from the historical evolution of children’s and adolescents’ rights, this group has been recognized as subjects of rights, whose fundamental rights are safeguarded through international instruments, the Federal Constitution, and the Statute of the Child and Adolescent, including with respect to the need for differentiated accountability. In this context, the Public Prosecution Service, as an institution responsible for safeguarding the legal order, the democratic regime, and indisposable social and individual interests, must act in defense of the fundamental rights of adolescents, particularly regarding the promotion and monitoring of proceedings related to offenses attributed to them, both in the selection and in the application of socio-educational measures by the Judiciary. From this perspective, the issue raised concerns how the Public Prosecution Service may advance toward consolidating the guarantee of fundamental rights of adolescents in conflict with the law, especially in ensuring the fundamental right to individualized measures and the exceptional nature of custodial socio-educational measures, thereby achieving the framework of comprehensive protection, considering that these individuals are still in development. The working hypothesis is that prosecutorial action, grounded in moral responsibility and aligned with the principles of comprehensive protection, can contribute to safeguarding the collective and individual indisposable interests of these adolescents.