Privação (in)determinada de liberdade a luz do ECA: caso Champinha

Abstract

This article intents to analize how the Childs and Youth Statute handle the mental disordered under age who are in conflict with the law, considering the specificities of Juvenile Detention as being a correctional measure. For this purpose, as parameter, it was studied the Champinha’s case, who had been in a serious conflict with law when he was sixteen, and was led to detention, changed after to a containment correctional measure, and finally to a civil compulsory treatment. As such, considering the specific case, it pursued to show how the legal manoeuvres was used to contain the youth, exposing some conceptual aspects to better understanding, and making a reflexion about the treatment that was given to this youth with a view to his exceptionality.