The enforcement of the fundamental rights of child and adolescent victims in constitutionalism in crisis

Abstract

The uncompromising defense of the fundamental rights of children and adolescents is anchored in international and national legislation. Given their high level of reprehensibility, sexual crimes and domestic violence must be prevented through joint efforts by the branches of government. The National Care Policy, implemented in Brazil on December 23, 2024, prioritizes the protection of children and adolescents within the Democratic Rule of Law's care agenda. This article proposes a reflection on the dilemmas inherent in the crises of contemporary constitutionalism and the role of the criminal justice system specializing in sexual crimes and domestic violence against children and adolescents in the daily challenge of enforcing the constitutional guarantees of this vulnerable group. Using the concept of a state of exception as an analytical axis, the article discusses how institutionalized practices within the justice system and public security reproduce authoritarian mechanisms inherited from Brazil's constitutional history. The analysis begins with the constitutional concept of absolute respect for human dignity and fundamental rights, tracing a timeline of constitutional crises experienced in Brazil, culminating in an analysis of the reality of criminal justice practice from an emancipatory justice perspective. The research is propositional, bibliographical, and qualitative in nature.