Abstract

RODRIGUEZ ALMADA, Pablo. The unconventionality and unconstitutionality of the norms regarding adolescents in conflict with the criminal law contained in Law No. 19.889, sanctioned by the procedure of declaration of urgent consideration. Rev. Derecho [online]. 2021, n.23, pp.49-84.  Epub June 10, 2021. ISSN 1510-3714.  https://doi.org/10.22235/rd23.2549.

Law No. 19,889 dated July 9, 2020, sanctioned by the procedure of bill with declaration of urgent consideration established in Article 168 numeral 7° of the Constitution, modified articles of the Childhood and Adolescence Code referring to adolescents in conflict with criminal law. This article will analyze these modifications, contrasting them with international conventions and covenants, other international human rights instruments, with the jurisprudence of the Inter-American Court of Human Rights and with the Constitution of Uruguay. It is observed that the amendments referring to adolescents in conflict with criminal law contained in Law No. 19,889 are regressive and violate principles enshrined in the Convention on the Rights of the Child, the American Convention on Human Rights, the International Covenant on Civil and Political Rights, the Vienna Convention on the Law of Treaties, the Beijing Rules, the Havana Rules, the Riyadh Guidelines and norms of the Constitution. It is concluded that the legal norms related to adolescents in conflict with the criminal law that modified the Code of Childhood and Adolescence are unconventional and unconstitutional.

Keywords : unconventionality; unconstitutionality; adolescents in conflict with criminal law; deprivation of liberty; principle of exceptionality; principle of non-regressivity; principle of proportionality.

        · abstract in Spanish     · text in Spanish     · Spanish ( pdf )