La Educación como fin existencial en la Justicia de Menores

Abstract

Education, as a superior value to be achieved by any democratic and civilized society, in order to develop the rights, principles and civic and democratic values of all social collectivity, must be the goal, also to be achieved by our legal operators when applying the different normative dispositions tending to achieve a fair result in the application of our Positive Law. With this work it is tried to demonstrate that the Education is imperative, concomitant and finalist part in the Justice of Minors. Such intention of our legislator, to treat differently to those subjects that still are because of psychological and physical circumstances, that is, to those under eighteen, unlike subjects of legal age, is reflected in the Law Regulating the Criminal Responsibility of the Minor, with its spirit extremely guaranteeive as well as protectionist. Another example of this protectionism is the intervention as an instructor of the prosecutor’s cause, which among its elementary purposes is the protection of legality and the rights of citizens when they submit to it, even more so when we treat a figure as delicate as the minor individual, which is constituted as the fundamental element around which this work orbits.