Acesso à justiça integral: as perspectivas da proteção e da responsabilidade na dimensão do acesso à justiça de crianças e adolescentes pela via dos direitos

Abstract

This legal-propositional work covers the issue of access to justice for children and adolescents. The aim is to propose a concept of access to full justice, based on the perspective of Ken Wilber's quadrant theory, addressing the subjective, intersubjective, objective and interobjective aspects that cross the complexity of the human rights of children and adolescents in Brazil. It is assumed as a starting point of analysis that the theory of integral protection of the rights of children and adolescents needs to be revisited and stretched to a new theory, after more than 30 years circumscribed in the national legal and political scenario, so that its effects and guarantees can be extended and complemented by comprehensive perspectives, with a conception of access to justice not associated only with the technical-formal scope of the Judiciary. The purpose of this report is to propose access to justice as the central axis of the rights of children and adolescents, composed of the epsitemic conjunction of integral protection and responsibility as two inseparable faces of children and adolescents vis-à-vis families, the State and society. Therefore, we will seek to expand the concept of responsibility beyond the legal sphere, eminently positivist, to a sphere of human relations, an epistemology of response (respondere). From this expansion, the concept of accountability will be differentiated from the concept of alterative and multicausal co-construction of responsibility within a four-dimensional analysis, assuming that children and adolescents are human beings with rights and, therefore, participants in the democratic social pact. . The conception of responsibility that we will try to advocate is the one that takes place in various social spaces, in an eminently counter-hegemonic way and based on the promotion of social justice. In the end, based on the Wilberian tetraquadratic model, access to comprehensive justice will be characterized with three relevant assumptions: 1) it is based on the recognition of conflict as a complex social relationship that can find answers at relational, administrative or judicial levels; 2) it is anchored under the concept of responsibility as a process, with quaternary dimensions that are simultaneously associated and differentiated according to each scenario where relationships are established; 3) it is structured as a theoretical and practical field that articulates protection and responsibility as two axes of guarantees of the human rights of children and adolescents as integral human beings who also demand integral and multidimensional perspectives of the effectiveness of these rights.