As medidas sócio-educativas no Estatuto da Criança e do Adolescente e sua eficácia.

Abstract

The Statute of the Child and the Adolescent presented innovators proposals how much to the conception of the causes that it are inherent, treating the child and the adolescent as citizens to rights, assuring to them integral protection and treatment condizente with its peculiar condition of person in development. Inside of this context, it foresaw measured partner-educative objectifying to reeducar and to reintegrate in the social environment the adolescent in conflict with the law. In this diapasao, the carried through research search to reflect the possibilities effective of the partner-educative measures to carry through the ends for the Statute considered. For in such a way, using themselves of the indirect comment of the reality, the bibliographical research and the legal exegetico method, one considers the current difficulties of the partner-educative system, standing out the negative results and focusing it practical recidivist of infracionais acts as indiciaria of the not-re-education and social reinsercao of the adolescent who, in general, meets atrelada to the non-observance of the principles praised for the Statute. It evidences that the measures, of the form for which are being executed, do not come above reaching the alluded desideratum, what it is easily auferivel of the analysis of its disastrous execution in the national scope, when try the irresignacao on the part of the adolescents, who not rare steal themselves to the fulfilment of the duties that it are taxes, and not the assimilation of the main end of the measures to which if they submit, coming back acting the chill of the legislation. In the intention to investigate if the cause biggest of the inefficacy she is intent in the legislation, calls the attention to the existence successful experiences to the long one of the country, the example of verifiable in the Partner-educative Center Homero de Souza Cross Son, in Roraima, that, for developing measured in accord with the Statute of the Child and the Adolescent, it has gotten resulted positive, over all in the one that it concerns not the relapse in infracionais acts. One becomes, therefore, evident, breaking itself of the estimated one of that the perfect observance of the norm tries the atingimento of its desired effect, the inefficacy of the lines of direction that regulate the system partner-educative, not under the formal aspect, considering that the current law is apt to reach its purpose, but under the scope of the effective applicability, that remains dissonante of that was glimpsed by the legislator when of the elaboration of the norm. It is concluded for the capacity accomplishes of the norm under I comment to produce the socias effect for it longed for, or either, for its full effectiveness, since that accomplished in accordance with the principiologicos rules for it adopted.