Art. 15. If the accused is a minor, he will be appointed guardian by the police authority.
Indication of the minor. Curator
Minor: The reference made in the device is to minors under 21 and over 18 years old, as minors under 18 years old are subject to specific legislation ( Law n. 8069, of 7.13.90 – Statute of Children and Adolescents ).
Device devoid of effect: Today, in view of the provisions of article 5 of the new Civil Code, according to which minority ceases at the age of eighteen, when the person is qualified to practice all acts of civil life, it is understood without any effect the device now under examination. Incidentally, Law No. 10,792, of 12.1.2003, revoked Article 194 , which prescribed: “if the accused is a minor, the interrogation will be carried out in the presence of a curator” .
Curator and non-imputable: There remains the need for the non-imputable to be assisted by a curator. The appointment should preferably fall to someone trusted by the accused. It could be a relative. It can also be the defender.
Role of the curator: Mere appointment is not enough. The curator must effectively assist the investigated person, that is to say, be present during his/her testimony and participate in all acts in which the presence of the investigated person becomes necessary.
Inquiry of the curator in the Judiciary: The curator has the right to remain silent if he is called to testify in the course of the procedural instruction. He was appointed to act as guardian of interests in favor of the accused, therefore having a duty to keep secret ( article 207 ).
Doctrine
Lidiana Figuerêdo Martins Pinheiro: The international protection of refugee children’s rights repositorio.ul.pt. 2015
Paulo Vasconcelos Jacobina: Criminal law of madness: security measure and psychiatric reform . app.uff.br
Sara Cristina Escalhão Gomes: The Protection of Street Children in International Law repositorio.ul.pt. 216
Taís Schilling Ferraz: The importance of working with facts and projecting consequences . Conjure
Jurisprudence
Failure to appoint a curator in the inquiry : It does not matter in nullity of the process (RJTJRS 107/153; TJRS – Ap. 684039209; TJRS – HC 684022692).
Prosecution’s Right to Name Trustee as Witness : The prosecution does not have the right to call trustee as a witness. Curatela is the institute created for a curated benefit (RT 643/320).
Legality of maintaining a socio-educational measure of hospitalization even with a favorable opinion: The maintenance of a socio-educational measure of hospitalization imposed on the appellant does not constitute manifest illegality or teratology, even if there is a favorable opinion of the interdisciplinary team (RHC 126.205, rel. Min. Rosa Weber, judgment on 3/24/2015, judgment published in the DJE of 4/15/2015 – Bulletin 779, First Panel).
Precedents
Precedent 605 of the STJ. Age of majority : The age of majority does not interfere with the investigation of an offense or the applicability of an ongoing socio-educational measure, including probation, while the age of 21 is not reached (Third Section, approved on 03/14/2018, DJe 03/19/2018 – Newsletter n. 620).
End
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