A abordagem sócio-jurídica do adolescente infrator e a eficácia da medida de internação no ECA.

Abstract

The target of this study is to suggest arguments in the direction to make possible quarrels regarding the effectiveness of the measure of internment foreseen in the Statute of the Child and of the adolescent (Law n° 8,069/90), pondering if in the current proposal this effectiveness really it occurs. In this direction, diverse studies concerning the subject by means of research and search of subsidies had been carried through that admitted a better understanding of the fulfilment of this partnereducative measure, using itself in this meantime of the classic methods of development of the scientific research, such as literal, the systematic one, beyond the deductive method. Initially one searched to to point estimated basic for the agreement the one that the subject if considers, making a boarding of the dedicated legislation to the child and the adolescent, as well as of the legal disposal and classification of the partner-educative measures foreseen in the ECA, passing, after that, make reference to reference each one of them, detaching appreciations how much to its generated application and effect. It was verified that from the analysis of the collected information it was evidenced that has a full lack of applicability of the made use one in the special legislation, what exactly compromises the success of the cited measure, since the alone units of internment do not obtain to reach the longed for effectiveness, in those where has good conditions for a good functioning, as professional enabled, reduced number of interns, as well as pedagogical activities that they aim at to the re-education of the same ones. Everything this for the fact of that Been it must contribute of more decisive form in the elaboration and, mainly, execution of public politics that offer adequate ways capable to promote the reeducation of the adolescent infractor. Moreover, the community also needs to act, providing something that results in a correct to recolocar in the social conviviality, as well as the family also will have to give to the support concrete, revealing present in the recovery of the intern. Everything that is alleged as form to elucidate the real situation of the measure of internment, being considered it not punitive, but educative and socializante, alerting that ahead to the effectiveness lack, the segregation of the adolescent must be used in last hypothesis.