"Uma gota de pranto molha o riso quando o preso recebe a liberdade": a medida socioeducativa entre a responsabilização e punição
Penalties for adolescent offenders in Brazil are defined in the Child and Adolescent Statute (ECA) and in the National Social-Educational Service (SINASE), normative documents regarding the execution of socio-educational measures, aimed at adolescents that infringes. Since deprivation of liberty is...
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| Format: | doctoralThesis |
| Sprog: | pt_BR |
| Udgivet: |
Universidade Federal do Rio Grande do Norte
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| Fag: | |
| Online adgang: | https://repositorio.ufrn.br/handle/123456789/45667 |
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| Summary: | Penalties for adolescent offenders in Brazil are defined in the Child and Adolescent Statute
(ECA) and in the National Social-Educational Service (SINASE), normative documents
regarding the execution of socio-educational measures, aimed at adolescents that infringes.
Since deprivation of liberty is the most serious measure, as it removes the adolescent from their
family and social life, it was decided to understand this system within the state of Rio Grande
do Norte (RN), in view of the body responsible for the restrictive measures of liberty, the SocioEducational Service Foundation (FUNDASE), has gone through a Judicial Intervention process
as a result of serious violations of the rights of adolescents deprived of liberty. Therefore, the
general objective of this research is to analyze the judicial intervention imposed on the
Fundação de Atendimento Socio-educativo do RN. And the specific objectives are to analyze
and identify the factors that contributed to the granting of the Judicial Intervention process at
FUNDASE, to analyze the concept of socio-education built during the judicial intervention and
to identify the socio-pedagogical and punitive elements present in the institutional documents
of the four deprivation units of freedom of the RN. To achieve these objectives, the historicaldialectical materialism, inspired by Marxian social theory, was defined as a theoreticalmethodological contribution, bearing in mind the understanding that, behind every social
phenomenon, there are political determinations that support the ways in which structures the
current society. Therefore, the proposal of this research demonstrates a qualitative bias in its
methodological design, in which a documentary research was carried out, and a study divided
into three stages was presented: (1) analysis of the pre-intervention period; (2) procedural
analysis of judicial intervention; (3) analysis of the socio-pedagogical and punitive elements
present in the institutional documents prepared during the intervention measure. For the
theoretical basis, a fruitful discussion was carried out on the concept of socio-education and all
its contradictions, as well as a deepening of prisons and their roles in today's society, based on
critical criminology, considering a discussion between what is defined as accountability and as
punishment in the socio-educational system, in addition to bringing to light possibilities of less
violating interventions. The results show that Judicial Intervention brought improvements to
the socio-educational system in Potiguar, especially with regard to administrative and
organizational issues. However, from the point of view of care, it was noticed that socioeducation follows the same line as the capitalist system, presenting a structural crisis that is
reflected in the materiality of the implementation of socio-educational measures. In addition,
the analysis of institutional documents shows that the measure of deprivation of liberty
continues to be a hindrance for socio-education, due to its violating character, which places the
adolescent under the object perspective, contrary to the logic of subject of rights advocated in
the ECA . Finally, penal abolitionism is defended to the detriment of prison, since prisons serve
as a space of segregation for the population subordinated by capital. |
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