O princípio da ampla defesa e do contraditório na apuração de ato infracional

Abstract

The present study aims to address the application of the principle of audi alteram partem in the procedure determining the offense comitted by a youth offender. The objective of the analysis will be to know the constitutional principles that permeate the juvenile law, in order to analyze the procedure of investigation of an comitted by a youth offender under the garantism vision. It will also be imperative to analyze the historical growth of minorist legislation in order to fully understand the Doctrine of Integral Protection and its unfolding in the legal order. Lastly, it will be necessary to differentiate the minor at risk from the minor who practices an infraction. The conclusion reached by this research is that the constitutional rights granted to the minor should be applied to the procedure determining the offense comitted by a youth ofender in the whole judicial phase of the procedure, so that it is possible to achieve the integral protection of the adolescent.