The connection between justice and excluded bodies the collective habeas corpus 143.988/ES as a mechanism for intervention in the failure of the socio-educational system

Abstract

Context: This article analyses the context of Brazilian juvenile justice, focusing on the decision handed down by the Federal Supreme Court in Collective Habeas Corpus No. 143.988/ES. Problem: The study addresses the effectiveness of the implementation of children's and adolescents' rights in Brazil, via the transition from the social control model to the Doctrine of Comprehensive Protection, established by the Statute of the Child and Adolescent, and the subsequent creation by the National Council for the Rights of Children and Adolescents of the National System of Socio-Educational Care as a regulatory policy. Objectives: The main objective is to demonstrate how the Federal Supreme Court, in addressing the situation of overcrowding and structural failure of detention facilities – equating them to an unconstitutional situation – acted as a mechanism for corrective judicial intervention in the face of the State's omission. Method: Qualitative bibliographic documentary research was carried out, structured through a critical narrative review of doctrinal and jurisprudential sources. Results: Despite the tension between judicial activism and separation of powers, intervention is justified by the need to ensure, through decisions that also observe conventionality control, the maximum effectiveness of fundamental human rights for children and young people and to combat the universalisation of social exclusion within the socio-educational system. Conclusion: It is therefore concluded that the Collective HC decision represents a milestone in the attempt to establish minimum standards of protection and to give concrete form to the tripartite responsibility for guaranteeing the rights of adolescents.