“Vou temperar vocês”

Um estudo de caso sobre a responsabilidade do Judiciário no combate às práticas de tortura no sistema socioeducativo

Abstract

The present paper consists in a case study on the Recurso Extraordinário com Agravo n. 1.161.625/RJ, judged by the Brazilian Supreme Court’s, which considered the State Decree n. 41.553/2008, from Rio de Janeiro, that authorizes the unrestricted acquisition and employment of less lethal weapons in Rio de Janeiro’s socio-educational system, constitutional. The work intends to investigate if it is possible to assign – and, if so, in what extend – responsibility on Brazilian Judiciary for legitimizing torture practiced in the juvenile justice system by the abuse on use of such weapons on court-involved youth. Therefore, it is presented what less lethal weapons are and its current situation in Brazil; in sequence, international rules on the utilization of force in juvenile justice are analyzed, in addition to “Juvenile Reeducation Institute v. Paraguay, IACrtHR (2002), which involved the use of less lethal weapons by the Paraguayan juvenile justice system. Finally, it is presented the Brazilian Supreme Court’s case in which the opportunity of assuring court-involved youth a minimum of rights was lost.