A aplicação da Lei 8.069/90 na ressocialização do adolescente infrator na cidade de Sousa/PB.

Abstract

Child and adolescent have been dispensed throughout history, various treatments. In some, the lack of assistance or concern is seen, and these are considered mere objects, without rights, more recently they have come to see these individuals as people with rights, as narrated in the present work. The Law of the Child and the Adolescent was based on International Law, and could cite the Declaration of the Rights of the Child of 1959, which brought the issue of Children and adolescents to be seen as subjects of law. Brazil has as a mark of change in the treatment of these individuals the Federal Constitution of 88, followed by Law 8.069 / 90 called the Statute of the Child and Adolescent, the first legislation specifically aimed at children's rights, consolidating the doctrine of integral protection and establishing how minors under the age of 18 would be treated who committed an infraction, as well as providing for the socio-educational measures that could be applied to them. On January 12, 2012, Law 12,594, called the SINASE Law, was promulgated, responsible for addressing aspects of socio-educational measures not subject to the Statute. Due to the importance of the topic, the general objective was to analyze whether the Statute is being applied consistently with the legislation regarding adolescents who commit an infraction. The specific objectives were: to make a historical survey of the treatment given to adolescents throughout history, to conceptualize the infraction and its consequences, finally, to identify the existing dichotomies between what the ECA predicts and their practical application regarding the measures socioeducativas. The methodology used was a bibliographical and documentary research, using the process data from the 7th branch of the Sousa / PB region. At the end of this research, it was possible to infer that despite having advanced with the protection system for children and adolescents, especially with regard to the legislation in force on the infraction and effective re-socialization of adolescents, because legal procedures are sometimes not fulfilled, the structure of the public power that must support the adolescent is deficient and there is no monitoring and collaboration of society. This is especially evident in the large percentage of adolescents who return to their offenses. However, although resocialization is not happening as it should, it is considered feasible, as long as they are put into practice what disciplines the Constitution, the Statute and the Law of SINASE and that the public power provides the bodies responsible for socioeducational measures, the physical structure and personnel capable of performing the proper accompaniment of the adolescent.