Abstract

GONZALEZ VALDEZ, Violeta. Vestiges of the irregular situation doctrine. Dangerousness and marginality as the basis for the preventive detention of teenagers. Rev. Int. Investig. Cienc. Soc. [online]. 2012, vol.8, n.2, pp.271-294. ISSN 2226-4000.

Abstract:  This article discusses the fundamentals of preventive detention in Juvenile Justice System, starting on a review in the Latin American context, in order to understand its evolution and compare it with the current state in Paraguay. From the analysis of the Juvenile Justice System of Paraguay, it was found that preventive detention violates constitutional principles. Therefore, in this paper it is proposes legal requisites for the application of preventive detention, based on celerity and exceptionality principles. This work do not pretends to provide definitive answers to all questions raised, however, emphasizes the importance of the recognition, fulfillment and the assurances of due process of law as part of a penal system punitive-liability, in the government response at the crimes commited by juveniles.

Keywords : Juvenile delinquency; vulnerable groups; social exclusion; prisons; process.

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