Identifier: TFG:1112
Authors: Capilla Fernández, Roser
Abstract:
Assuming the undeniable truth that crime cannot ever be completely eradicated, and that it does not only affect adults, throughout the history there has always been a special interest in engaging youth with the behavioral patterns that rule the society. This way, having or not having specialized jurisdiction over children, the law system has always given an answer to the underaged offender. In this work, one of this possible answers have been analyzed, an indictable measure according to the legislature nowadays, which was not developed until youngsters were excluded from the adult penalty system, namely freedom under surveillance. The study of the measure enables the concreteness and substantiation of two core principles, ubiquitous in current doctrine: the legitimate concern of the child and the individualization during the process. In this sense, in order to determine the suitability of the current social and juridical landscape, it is crucial to carry out a developmental analysis of the way the child is being treated, as the global overview that will be provided in a theoretical and practical way, which highlights interesting nuances, referring to the application of the law, to the implementation of the measure and also to the observance of the basic principles of the juvenile justice: concerns of the child and individualization.
Repositori URV