O acesso à justiça de crianças e adolescentes e a efetividade da Convenção Internacional sobre os Direitos da Criança

Abstract

This dissertation discusses access to justice for children and adolescents in the Brazilian legal system. The deductive method is used to conduct qualitative and exploratory research, using bibliographical analysis of Brazilian and foreign doctrine and documentary analysis based on legislative documents and court decisions. According to the 1988 Federal Constitution preamble, Brazil is a democratic state, designed to ensure the exercise of social and individual rights, freedom, security, wellbeing, development, equality, and justice as the supreme values of a fraternal, pluralistic, and equitable society. The existence of supreme values in the Constitutional Text is clear. However, this is not enough to guarantee their effectiveness, and the search for the justice system is necessary for their social efficacy. Because of this, the concept of justice, access to justice, and the dignity of the human person were analyzed as a basis for a broader discussion on the role of the justice system in making the right to access to justice for children and adolescents a reality and the obstacles to be overcome, ranging from the language used to representation in court. In addition, it was important to correlate the Sustainable Development Goals (SDGs) and the effectiveness of the International Convention on the Rights of the Child. Finally, we talk about access to justice in international courts, the draft UN General Comment on the subject, and the correlation between access to justice and the right to happiness