A Convenção do Direito da Criança no Ordenamento Jurídico Brasileiro

Abstract

This article intends to examine the epistemological connection between the Convention on the Rights of the Child and the Brazilian legal system, in order to improve the Brazilian protective system concerning the fundamental rights of children and adolescents. This means that the pursuit of the protection of children and adolescents should be based on the harmonization between domestic and international jurisdiction, as a means to project the Brazilian legal system towards metaconstitutional protection of human rights. And, establish the effects of Constitutional Amendment 45/2004, in view of the incorporation of international treaties and conventions, with the inclusion of paragraph 3 to art. 5 of the CRFB, reflecting on Human Rights and analyzing the debate on the reduction of criminal age in the light of the Federal Constitution reflecting on Human Rights and analyzing the debate on the reduction of criminal age in the light of the Federal Constitution.

Keywords

• neoconstitutionalism; opening clause of the constitution; international child protection; human rights; debate on the reduction of criminal age in the light of the federal constitution