Underage (2013) - full transcript

Helena is a recently graduated attorney that shares her routine between her job as a Public Defender of children and adolescents in the Forum of the city of Santos, Brazil, and the care of the teenager Caio, with whom she lives a harmonic and honest life. Their relationship is put to the test when Caio commits a felony.

For Sale

Caio!

Civil Code

Caio!

Let me go, ok? Caio!

Stop it! Stop it,
I'm not kidding.

Caio, let me go!
Stop it! Caio, let me go!

Now what? Now what?
Who's the best in the world?

- Who's the best in the world?
- You. You're the best.

- What?
- Will you eat it cold?

- No, that's alright. Give it to me.
- No, I'll heat it up.



- It's okay, Caio!
- You're lazy.

- Are you going out?
- No, I'm coming in.

Do you have any money?

Don't know...

Gimme that!

Caio!

Stay with me.

Hey!

Hey...

Look. Pay attention.

Can you see that Asian guy
over there?

- Yes.
- Let's catch him.

OK, crush him. Wait.

How fast!



Go!

Gross!

Look at this one.
Here's the kangaroo.

What about that man running
over there? See if I can catch him.

Wait, wait. Let me see.

- Look.
- Go, go, go, go. Now!

- Did it work?
- Yeah.

And that ship there, Check it out,
tell me, I'm gonna eat it.

Go a little bit further... There!

There, you ate it!

I'm gonna pass you.

Go! Go!

Ronivon.

- Do you also sing Ronivon?
- No sir.

You know. You're named
after a singer do you?

Yeah, my grandma has been
his fan since she was my age.

Your grandma?

I see...

Do you know Ronnie Von, Counselor?

Of course!

You're getting old...

Did you have some coffee?

I had an instant coffee...

m bad, right?

- The victim is outside.
- OK, you may ask her in.

- Good afternoon.
- You may sit here.

- Luara...
- Yes.

Luara, could you tell us
what happened, please?

Well, I was sitting in a chair
at a kiosk on the beach...

Drinking some coconut water,
listening to some music, chilling...

Then came this brat, took my mp3
player and ran away.

And you... were you listening to
music when the teenager appeared?

No he... He took the mp3 player
from the table and run off.

So I screamed and run after him.

He saw I was catching up, stopped,
punched me on the stomach

and I fell down to the ground.

And do you think it's nice
to hit a woman, young man?

It hurt so bad I almost puked
right there.

Then what?

Then he escaped and the
police officers got him later.

- Questions?
- No.

Suggested measure, councilor?

Given that the minor is
a recidivist, comma,

Left “Fundaçao” demonstrating
flaws in his rehabilitation

and given the offense is of
a serious nature, comma,

with violence employed
against the victim, comma,

I require internment for
an indefinite time, period.

There is no doubt that this
is the most appropriate

measure to be taken.

The minor is too free.

Someone has to impose some limit.

Counselor.

The action taken by the minor

doesn't fit the crime typified
as robbery.

There are no doubts,
after evidence gathered,

that the minor committed
a simple larceny.

There was no serious threat
implied by the theft.

He simply took the mp3
player and ran away.

Thus...

there is no possibility of
requiring an internment

for an indefinite period.

A better measure is the
probation.

On the minor's records...

the situation of committing
an infraction

only two weeks after leaving
“Fundaçao Casa”,

and on the use of violence
against the victim,

I hereby decree the internment
for an indefinite period

of the minor Ronivon...
Henrique Soares.

You can come in, counselor.

Thank you, "Lemme.

Don't you like the
shelter, Vanessa?

But why are you not
at the shelter?

Look, Your Excellency, Vanessa's
situation is very complicated.

She is not doing any prenatal tests,

She is not doing any prenatal tests,

not eating well, has been
quite aggressive...

The other day she even
called me a bitch.

She got into a fight with
one girl from the shelter,

she disappears, stays away
for several weeks...

I honestly don't know what else
to do, I need your help.

And why won't you try
to go back home?

My mother doesn't want to see me.

How long since you had
prenatal testing?

She never had them.

Never had them?

And this child's father,
hasn't shown?

Look, Vanessa, it's
getting difficult.

Everybody's trying to help you,
but it seems you don't want help.

You have to go back to the shelter.

Or to your mother's house.

You can't be on the streets.

And I'll tell you something...
if this child is born on the street

- I'll take it away from you.
- Counselor, the minor is...

in this situation because
her mother kicked her out.

And you can't take the child
from her, as you well know.

Vanessa, I need you to go back
to the shelter, do your tests...

Do you want your baby? Don't
you want to take care of it?

Would you go back to the shelter?

I won't let this child be
born on the street.

I won't let these two
children helpless.

Vanessa, I need you to promise
me you'll go back to the shelter.

Recipes

You're leaving me here alone?

- Shall we eat?
- Be right there.

I'm almost done here.

Open it.

Helena.

Can't you advance me some money?

- For what?
- Why do you need to know?

- Won't you tell me?
- You think the money's all yours?

Helena!

Helena!

- What's that?
- Read it.

I'm not going to read anything.

On the 10th day of January,
2012, before me...

Parties attended in witness...
witness hereof, namely,

as grantor and reciprocally agents,
the heirs children Helena Andrade,

born August 18, 1989, Brazilian,
single, lawyer, and Caio Galv...

...and Caio Galvéo Andrade,
born on June 4, 1996,

I was required to do the inventory
and partition of property left

by the deceased Mauricio Reis
Andrade and Carla Gal... ”

Man, this sucks,
I already know all that!

“The real estate.

A property consisting of land and
a house situated at 7 Castro Alves”

OK. What about the
picture over there?

I've sold it. To fix the leaking
in the bathroom, I told you.

Is it also in the probate process?

The probate process is not
meant for this stuff, Caio!

“A total area of 700 square meters,
300 square meters of floor area

and 400 meters of common area.
Said property has been...”

...is it your friend's?
And where is your friend?

- Deputy.
- Hello.

Why is he in cuffs?

What do you mean why,
counselor?

You know well you can't
handcuff the kids.

But he was unsettled at
the time of the arrest,

and my police officer had to
handcuff him to hold the minor.

But now he's calm.

Please, let him go.

- Are you hurt?
- No.

- Get down from there.
- Why?

Because that's no place to sit.
Get down, Caio.

- Paulo!
- Helena.

I would like to speak to you
for a minute.

Of course.

- You heard about Caio.
- Yeah. How did that happen?

Kid's business.

You are not going through
with it, are you?

- What's up, Caio?
- Hey.

- What happened?
- What do you mean?

What do I mean what,
why are you here?

Oh, I'm here because...
a friend of mine had that piece,

didn't have anywhere to keep
it because his mom would...

she would go through his things.

Then I said, OK, I'll keep it
for a while, no problem.

- A friend?
- Yes.

What about that story of
disrespecting an officer?

That's a lie, I didn't
disrespect no one.

- Lie?
- Yeah.

Look, Caio, I'm gonna
let you go this time...

But there's not going to
be a second chance.

What a slip, huh?

I told you already.
It was my friend's.

Can I see this tattoo?

Thanks.

- Matheus, right?
- Yes, sir.

Tattooed Matheus...

- What about that hair, Matheus?
- It's highlights.

- What?
- Highlights.

Did you do it yourself
or at the hairdresser's?

I did it at a friends' house.

- You gotta put a...
- Bleacher.

Bleacher. Do you do it...
on the shower?

No, you do some mixing, put it in
the bowl, put it on your hair

and after 20 minutes it's like this.

You stole a bike then, Matheus?

- Was it the first time?
- Yes sir.

What happened?

I was with a friend, I saw the
bike parked in front of the store,

no one was around... I got it
to ride it, me and my friend.

Me and my friends is going, people
began screaming thief! Thief!

My friend got scared and jumped
out of the bike and ran away,

when I was going to jump,
I tripped and fell.

People came and hit me,
punched me and all, kicked me.

Thief, he has a gun, catch him!
And then I stayed on the ground.

- Do you go to school, Matheus?
- No sir.

Sir, he was living at a friend's,
that's why he is not enrolled.

Living at a friend's house?

Where is your mother, Matheus?

I haven't seen her for about a
year. She lives in Sao Paulo.

And your father?

There's a step father
there. A drunkard.

- And they let you leave home?
- I just left.

- Do you work?
- No sir, I'm still very young.

Yeah, but to steal bikes
you're not that young, right?

Matheus, without a legal guardian
it's difficult to let you go, see?

Your Excellency, I have a petition.
The minor's a first offender,

the victim obtained the stolen
object back, there was no violence.

It's the case of revoking
the provisional internment.

Yeah, but he fled from home.
Where is he going back to?

The streets?

He can go back to
his friend's house.

But his mother don't
want me there no longer

If I find your mother,
would you talk to her?

You have a mom, Matheus.

You have no idea how
important that is.

Please... I'm looking for
Ms. Alzira, do you know her?

Oh, yes. Turn left here,
the grey house.

- Thanks.
- Thank you.

How is he?

He was caught robbing a bike,
but it seems he's a good boy.

Oh my God, I knew it.

He began screwing up.
Left home...

I want to go to this hearing, but
it's in Santos. I can't make it.

I can't even feed those boys
there. Their dad left me.

Taking what belongs to somebody
else. That's not what I taught him.

I am counting on you
on that hearing.

Where have you been?
Caio. Caio!

Open it, Caio.

- I was worried sick!
- Leave me alone!

Matheus!

Caio?

- Are you crazy?
- Calm down, Caio!

Where's my money? Where is my
phone? Where is my stuff?

- Mind your words!
- I say what I want.

- You're not my mother!
- Give me my purse! Give me that!

What's this money?
Where did you get it?

I'm working my ass off and
you're full of cash, is that it?

Give me this shit!

Give me that. Caio!

Fuck you, Helena!

Hello?

Sit up straight.

“On the 9th day of September,
2012, Caio Galvéo Andrade

was caught in action while trying
to rob a house at Bolivar Street,

leaving one hospitalized victim.

José Gongalves Freire,

due to the firing of one
shot with a 38 caliber gun,

attempting to evade the
site upon police arrival.

The minor was accompanied
by two people,

possibly minors,
who managed to escape.”

Is that true, Caio?

No, that is not true.

What happened was that
I was going down the street

when I saw this kids robbing
the guy, then I got scared.

Then I crossed over the street,
went to the other side.

Then, the police, like...

I was running from hem
when the police arrived.

And the police thought I was...
and caught me.

And what were you
doing on that street?

Well, I was just...

Your Excellency, we have
had an argument,

he was outside to clear his mind.

Do you have anyone who can
support your deposition?

No. But I am innocent.

This police are corrupt that have
nobody to accuse and are using me.

They even beat me at
the police station.

Counselor... you'll have
to prove that.

Your Excellency, I have a petition.

Considering it's the miner's
first of fence, good student

and has the support of his family,

I request revoking the
provisional internment.

Your Excellency...

Taking into account the defense's
duly testified arguments...

I agree that he can wait in
freedom for his judgment hearing.

Counselor, if this was another
minor, would you agree on that?

Is there any kind of restriction
to your performance in this case

due to your friendship
with the defense?

- Of course not, Excellency.
- Of course not?

Counselor, if you keep on
insisting on this behavior

I'll have to inform the
general justice prosecutor,

who can remove you from this case.

Face the facts presented so far...

it's about an offense with
severe violence to the person.

The adolescent, although 1st
offender, have been arrested before

receiving forgiveness
from this judgment.

Thereby, I maintain the provisional
internment of the adolescent

until the hearing of instruction.

Your Excellency, the adolescent,
for his physicals attributes,

may be crushed inside the Fundagéo.

Physical attributes?

Because he is blonde haired?

Because he is white?

Counselor, first prove the
innocence of the adolescent,

then we'll see if he's
different from anybody else.

Take your clothes off.

Take your clothes off.

You may put it there.

Your socks too.

Spread your arms and legs.

Yeah, palm open, left hand palm.

Right hand palm.

Left foot.

The other one.

Raise your arms.

Raise your arms! Higher!

Open your mouth.

Shake your hair.

You may remove the skivvies.

- Skivvies?
- Your underwear, kid.

Up and down three times.

You may get dressed.

Look.

Don't you want some?

Are you eating well?

Oh... I can eat.

Better than your food.

Caio.

Get me out of here.

Yo, yo, yo! Be cool there, girl,
we just came for what is ours

and we're taking off, ok? Go man,
take the stuff already, bro!

- Should I take the mp4?
- Yes.

- Let's go then.
- Let's go, did you get it?

Here.

Wait!

- Hi.
-Hi.

- How are you?
- Fine.

Can you help me, have you
seen this kid around here?

- No.
- No?

- OK, thanks.
- It's nothing.

Hi, excuse me... Have you by
any chance seen this kid around?

- No?
- No.

What about a kid, a bit taller than
me, short black hair with stripes...

drawings on the side...
Dark eyes, white skin...

Oh yes, I know him, he lives
on the street, on the turn.

- Here?
- Yeah at... number 398.

- He's Ms. Silvia's son.
- That's right.

- Ms. Silvia?
- Yes.

- OK, thanks.
- You're welcome.

- Hi.
- Hey.

- Are you Ms. Silvia?
- No ma'am.

- No?
- No.

Do you know a Ms. Silvia
around here?

- Who are you, a social worker?
- No, I'm an attorney.

- She lives here. Just go...
- Is she in there?

- Oh, you must check inside.
- Can I come in?

- Yes, yes.
- Thanks.

And what was he supposedly
doing there?

Oh, there's a group there.
Loitering, dealing, stealing.

You know what. And we are keeping
an eye on this area for some time,

doing daily rounds to
catch the rest of the gang.

What gang? Caio is not
part of any gang.

You are completely mistaken.

Do you and your brother
live in the same house?

Didn't you ever notice
anything different in this kid?

Caio, for God's sake,
tell me the truth.

There were some kids
back at the house.

- Kids?
- Your friends.

Helena.

Ready?

You may call the witness, please.

Counselor.

She said she won't testify
on the presence of the minor.

Stand up, please.

I want you to go to
that white wall.

Stare at the wall, don't want you
looking here, just at the wall.

Good afternoon.

Please, come closer to him,
he's not going to look at you,

only at the wall,
so you can recognize him.

- Clarice Rocha.
- Yes.

- Good afternoon, Clarice.
- Good afternoon.

- Did you recognize the adolescent?
- Yes, It was him.

- Him what?
- That shot.

- Are you sure?
- Positive.

I was looking out my window, saw
3 kids. And he is the one that fired.

I was looking out the window, only
to pass the time, and three boys

were hanging around my
street for some time.

I thought it was better
to call the police

because there's been a lot of
robbery to the houses there.

Then, when Mr. Jose arrived they
came closer and when he left the car

to open the gate they
approached him.

And they are only kids.

Yes, then what?

Then they took his wallet, his
keys, there was a mess there

and Mr. José tried to get these things
back, and that blonde one...

he fired.

Questions, Counselor?

No.

Counselor?

Do you wear glasses?

Yes ma'am.

Were you wearing glasses at
the moment of the robbery?

No, I wasn't. I only wear glasses up
close, you can check my prescription

because I see far very well.

But according to the report,
the kids were wearing caps.

By the time the police arrived,
there was an uproar

and this kid's hat fell off,
I could see his face well.

And the hair is different, right?
It stays in your mind.

- Very well, thank you.
- I hope I was of any help.

Excuse me. Can I... can I go?

Did you hear what the
witness said, Caio?

Yes.

So it means you were going
down the street, by accident,

passed, by accident,
a house being robbed,

and then a gun appeared
like magic in your hand?

But what about my word?

Yes, it's your word
against a witness's word,

against the word
of two officers.

There was a victim Caio!
He's hospitalized!

You think you're so different from
the kids that come here. Don't you?

Do you have any idea of the shame
you're causing your sister?

Who's the only person you have
in your life, who you can count on?

Do you know your sister
can lose your custody, Caio?

Helena...

Suggested measure, Counselor?

İnternment for
an indefinite period.

Counselor?

I plead supervised freedom.

Faced with the evidence
gathered in the records,

the testimony of the minor
was left isolated,

reason why it does not
deserve to be upheld.

Also because the testimony
brought before the Court today

brings detailed information...

of the disturbing behavior
of the young man,

who deserves to be
closely monitored

with proper care and detention.

So I understand that
the most appropriate measure

is an indefinite period
of internment.

That will bring fruitful
resocialization

and especially awareness
of the seriousness

of the act performed.