A ineficácia da aplicação das medidas sócio educativa quanto a reintegração dos menores a sociedade.

Abstract

Crime in Brazil has grown every day, promoting a wave of fear and apprehension in people who fear for their lives, given that this violence does not choose victims and is present in practically every institution of society. Minors are, increasingly, more and more involved in the wave of crimes against society, against property, considering the life of innocent people, among others. From this context, the present study has as main objective to analyze the ineffectiveness of socio educational measures and security inherent in adolescents in conflict with the law, with emphasis on criminal law and the Statute of Children and Adolescents (ECA). As for the specific objectives they seek to reflect on the educational measures and procedural guarantees provided to children and adolescents; discoursing on the measures imposed on the juvenile offender, demonstrating the historical development of menorista legislation in favor of the inclusion of this in society and describe the rights and wrongs in the application of socio-educational measures. To achieve the goals, it adopted as methodology one bibliographical qualitative study. Using the deductive method of approach, it will be also addressed the legal and criminal treatment of the conduct of offenses committed by children and adolescents in the Brazilian legal system as a method to reach the analysis around the laws that advocate the rights and duties Children and adolescents, as the case of ECA and Law No. 12,594 / 12 which deals with the social and educational assistance. The study points to the way in which they have applied the social and educational measures, has contributed a lot for teenagers to have a deformed personality, sense of rebellion, fear, prejudice, grief and social abandonment, also contributing to turn to the world of crime and that the incorrect application of the law, contrary to the retro constitutional provisions mentioned, which put children and young people safe from all forms of negligence, discrimination, violence, cruelty, exploitation and oppression and assigned to the family, society and the State, a duty to give full protection to children and adolescents, with absolute priority.