Violência urbana, juvenícidio e judicialização de conflitos criminais

Abstract

The present interdisciplinary research aims to study urban violence, especially against young people, as well as the judicialization of criminal conflicts, within the city of São Paulo, from the perspectives of urban sociology and law. The Constitution of the Federative Republic of Brazil, promulgated in 1988, has stipulated an extensive list of social rights, especially in its article 6. Security is among those rights, directly related to the theme of urban violence. In a delimited way, this research studies and analyzes the different forms taken by urban violence, especially against young people, focusing them on two different scenarios of judicialization of criminal conflicts. First as victims, and second as offenders, considering, in particular, the cases registered in the city of São Paulo, starting in 2006, given the reform of Judicial Branch of December 8, 2004, which creates the National Council of Justice as an organ of the Judiciary, according to article 92, IA, of the Federal Constitution. This research addresses judicialized conflicts and the profile of violence agents and their young victims, as long as not being heard in private or secrecy. The analysis of this situation took place in a three-dimensional context, Offender-Victim-State, the latter, whether concerning the police power, the effectiveness of the judicial provision or those dimensions related to public policies of prevention, containment or mitigation of the risk to protection guarantees of the person, resulting from urban violence. Therefore, this research considers the public administration's conduct related to the elaboration of programs and plans and the execution of important measures in the area of security and prevention of urban violence, especially against the young. Another important aspect observed in this research concerns to urban spaces, public and private, considered safe or likely to higher criminal incidence, in other words, the socio-demographic and territorial identification of the locations of the events, as well as the characteristics of surroundings. This research analyzes the existence or not of the institutional dialogue between families, community, society in general and the State, to develop public policies of public security, aimed at the effectuation of the rights to life, in this case, of the young and the guarantees of access to safety and well-being. The collection of data from the Judicial Branch of the State of São Paulo, on judicialized criminal conflicts, starts in 2006 and provides us a profile on those involved, being an important element for propositional analysis. At last, in the course of this research, several situations emerged that directly impacted it. Namely, changes to the political environment and changes made by the Federal Government including the set-up of the Single Security System, the unification of the Ministry of Justice and Ministry of Public Security, the debate on qualified immunity, the 'Anticrime Package' bill and the Abuse of Authority bill, among others. Some of these are awaiting approval by the National Congress and Presidential sanction