Análise jurídica e social da ineficiência do estado no cumprimento das medidas socioeducativas.

Abstract

The reformulation of educational measures and the reduction of criminal responsibility have been the target of recurrent discussions. This is due to the increasing rate of illegal acts, of great importance, committed by teenagers, the urgency to solve the problem of violence and the feeling of insecurity that bewilders Brazilian society. According to the principle of Absolute Priority, children and adolescents must necessarily be among the firsts of public authorities, despite the Brazilian reality is at odds with that constitutional principle. The commission of offenses by young people is several times the reflection of reality in the environment they live in , ie , dysfunctional families accompanied the indifference of society that has not yet taken its commitment in solving social problems caused by a childhood and needy youth . In such cases, the state must address these needs, having a duty to prioritize the realization of fundamental rights listed in the Charter and the Statute of Children and Adolescents. Thus, there is a clear need to conduct a detailed analysis on how the educational measures, the effects they produce are applied, and the responsibility of the State on the implementation of these measures. Based on the above , the present work has the purpose to address the Constitutional rights and infra protection to adolescents who play offense , with the application of educational measures for rehabilitation , as well as the need to implement specialized policies by the Government, order to ensure the full compliance of the law.