O registro criminal de abusadores sexuais de crianças e adolescentes e os limites da intervenção penal na Europa:

perspectivas críticas a partir do espaço territorial português

Abstract

This article aims to analyze the criminal identification system of sexual abusers as a measure for the prevention of crimes of a sexual nature against children and adolescents, whose raison d'être is in compliance with the objectives of Directive 2011/92/UE, of the European Parliament and of the Council of December 13, 2011, although it is also observed here how, in the transposition of norms into the legal system of the countries, there may be excesses that accuse an affront to individual rights, freedoms and guarantees, especially when it comes to the question of access to the registry (who could access it?) and the duration of the measure (how long would the registration of the name remain?). In addition, the ineffectiveness of certain models of crime control is discussed, as well as warning that excessive criminal intervention does not result in a “symbolic criminal law”. In the end, starting from the hypothetical-deductive method and from a qualitative approach, with the hypothesis of the constitutional compatibility of the instrument in question, although there are reservations, the jurisprudence of the European Court of Human Rights is analyzed, which positions itself on possible offenses to rights and principles enshrined in the European Convention on Human Rights, relating to this type of criminal record.