The 13-year-old student who stabbed a teacher to death and injured four people at a school in São Paulo is hospitalized in a Fundação Casa unit in the capital of São Paulo. He confessed to committing the attack. In his testimony, the teenager said he committed this crime because he was bullied in at least three schools where he studied.
According to criminal lawyer Marina Coelho Araújo, as a minor, the teenager will be liable for an infraction. “When, under the age of 18, imputability is not complete. He is unimputable, so he will not answer for the crime, he will answer for the infraction. And there is a whole procedure following the ECA [Estatuto da Criança e do Adolescente] that will have to be followed in this case”, he explained.
The lawyer recalled one of the reasons given by the teenager’s defense: bullying. “We have to reflect a lot on this as a society because it’s not just putting this boy inside Fundação Casa and leaving him punished there. It is obvious that responsibility has to be achieved, the attribution by society has to be really fulfilled, but that is not all, ”she said.
“We need to look at this issue of schools, for respect. The ECA obliges the State and society to respect the individuality of adolescents and to look at this issue of bullying, the lack of respect and the lack of individuality in schools is also a reflection that we must do as a society”, he added.
“I do not know the case in detail, but I am saying that we as a society reflect on this tragedy as a whole. This teenager will have to be punished by a procedure that will revolve around the Justice of the child and the teenager, he will be punished for an infraction, and from that, he will individually serve this sentence and this arrest of the teenager from the Foundation Home,” he added.
In the opinion of the jurist, “bullying is a situation that can lead to this type of attitude”, referring to the attack.
The lawyer does not see much prospect of resocialization at Fundação Casa. “It’s a situation that is home to a teenager’s prison, so the issue of resocialization is still very incipient. It is very difficult for us to look at this and understand that this teenager is going to be re-socialized in a Casa Foundation. In São Paulo, our structure still has several projects and several issues, but it is still very deficient in terms of adolescent rehabilitation”.
(*Under supervision of Jorge Fernando Rodrigues)
Source: CNN Brasil
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