This is the premise behind the Tripartite Theory of Delinquency (TTD), developed by Brazilian jurist and researcher Dr. José Maria da Silva Filho, widely known as Dr. Zéma. His theory offers a humanistic and integrative approach to juvenile delinquency, treating it not as a deviant essence but as a cry for help—a signal of social and moral collapse.

Dr. Zéma’s framework is grounded in a powerful hypothesis: delinquency emerges only when three containment mechanisms fail simultaneously—morality, shame, and fear.

A Country That Wounds and Then Punishes

According to the 2024 Brazilian Public Security Forum, 42% of juvenile offenses are committed by adolescents between 14 and 17 years old. Alarmingly, over 70% of incarcerated youth report a background marked by family neglect, abandonment, domestic violence, or paternal absence.

These statistics echo the findings of John Bowlby, the father of Attachment Theory, who posited that the absence of secure attachments in early childhood correlates directly with increased risk of antisocial behavior in adolescence and adulthood.

The Moral Immune System: Three Filters That Fail

The Tripartite Theory of Delinquency can be understood as a moral immune system. When this system breaks down, delinquent behavior can emerge as a symptom of deeper dysfunction.

• Morality: The first and foundational filter. Morality is shaped within the family through love, discipline, modeling, and consistent caregiving. In broken or dysfunctional homes, this ethical foundation is weakened from the outset.

• Shame: Shame stems from a symbolic connection to a community or group with shared values. A youth without emotional ties or reliable role models has no one to feel ashamed before, which erodes internal accountability and self-regulation.

• Fear: Effective fear is not limited to legal consequences. It is emotional—the fear of disappointing loved ones, losing affection, or breaking meaningful bonds. When familial structures collapse, this fear loses meaning, often giving way to emotional numbness or hostility.

“Juvenile crime is often the clearest symptom of failed social containment at the most basic level. Where the family cannot reach, the criminal world welcomes.”— Dr. José Maria da Silva Filho, creator of the TTD

Delinquency as a Cry for Connection

One of the most provocative elements of TTD is its rejection of the notion that delinquency is innate. It reframes the behavior as a desperate attempt to belong, to be seen, and to be valued.

A 2023 study by IPEA found that 65% of young people involved in organized crime reported feeling more loved, respected, and valued within criminal groups than at home. One youth detained at the Dom Bosco Socio-Educational Center in Belo Horizonte put it plainly:

“In the streets, I was somebody. At home, I was invisible.”

These criminal groups often mimic family dynamics—offering structure, rules, emotional exchanges, and a sense of identity. What the home failed to provide is recreated, however dysfunctionally, in the criminal context.

State Failure and Social Responsibility: Prevention Is Cheaper Than Punishment

Data from the National Council of Justice (CNJ) reveals that the average monthly cost of keeping one youth in a juvenile detention facility exceeds R$11,000. Meanwhile, community-based prevention programs run by civil society organizations (CSOs) typically operate with budgets of less than R$1,000 per youth/month.

The TTD underscores the urgent need for structural investment in three key areas:

• Humanistic moral education – focused on ethical formation, not just rule enforcement.

• Reinforcement of family bonds – through parenting support, psychosocial care, and local support networks.

• Protective and affective state presence – ensuring access to culture, art, sports, and mental health services.

Final Reflections: The Right Question

Juvenile delinquency is not the beginning of the story—it’s the end of a long chain of systemic failure. Before asking how to punish a teenager, society must ask a deeper, more uncomfortable question:

“Who failed this child first?”

As long as we respond to symptoms with punishment instead of addressing root causes with structure, affection, and social belonging, we will continue producing marginalized youth and perpetuating cycles of violence.

The Tripartite Theory of Delinquency does not excuse crime. It exposes its origins, making prevention not just possible, but necessary. In doing so, it calls on society to provide what many families could not: early intervention, meaningful support, and timely care—before it’s too late.

Dr. José Maria da Silva Filho, mais conhecido como Dr. Zéma, é um jurista e criminalista carioca com mais de 15 anos de atuação em casos de alta complexidade no Tribunal do Júri. Com sólida reputação entre colegas da advocacia e juristas, destaca-se por integrar experiências forenses ao pensamento crítico, unindo Direito Penal, Criminologia, Psicologia Social e Filosofia política.

Formado em Direito, Dr. Zéma passou a se tornar referência ao refletir sobre por que indivíduos rompem os limites internos antes de quebrar a lei. Em sua prática, constatou que o crime raramente é um ato isolado: é o fim de um caminho silencioso de erosão moral, social e emocional.

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