O “menor” e a família subcidadã: discussões acerca do arcabouço teórico do poder punitivo e os impactos da escola positiva europeia durante a confecção e vigência do primeiro código de menores

Abstract

This article asks: to what extent the deterministic analysis coming from the positive criminological schools impacted the elaboration of the First Brazilian Minors Code? The relevance of the discussion lies in the need to analyze the reflexes of class society and punitive power in the context of the writing of the First Code of Minors of 1927 as a point in Brazilian criminal history marked by inequality and segregation. The methodology applied is deductive, based on criminological theories, with the technique of bibliographic research. As a result of the discussion, it was noted how the process of stigmatization of the marginalized family and the minor in conflict with the law had the participation of the State through "treatment" initiatives, scientifically justified based on Cesare Lombroso's studies. Furthermore, it was shown that even if the Minors Code was formally overcome, the problems faced by young offenders still remain.