Ressocialização do adolescente submetido à medida de internação: uma análise jurídica e social do desrespeito aos direitos dos socioeducandos.

Abstract

This study deals about the application of the statutory provision in Educational inpatient units, in particularly about the effectiveness of arts.123 and 124 of Statute of the Child and Adolescent in institutions supervised by the National Council of the Public Ministry between March 2012 and March 2013, in order to draw a national overview regarding the violations of the rights of juvenile offenders during the execution of the socio-educational measurement of hospitalization. It brings the history of the treatment offered to children and adolescents under Brazilian law, and elucidates the shift of the paradigms that occurred in function of the transition of the doctrine of the irregular situation to the doctrine of the integral protection. It makes an analysis of the profile of the adolescent in conflict with the law and of the offense itself. It Exhibits the stages of the calculation procedure of the offense, as well what the applicable educational measures during the process or through conviction are. In addressing to the socio-educational measure of hospitalization, it highlights its exceptional character and indispensability that is inserted in a pedagogical context in order to reach its end. It sets a parameter between the model devised by the Educational Unit idealized by the legislature and the reality of the Brazilian institutions of hospitalization, points out how the violation to the legal precepts and disrespect for the rights of socio-education become a hindrance to their rehabilitation. It is argued that the Statute of the Child and the Adolescent is magnanimous, however, it is not self-executing, and therefore it requires that the Government make devices possible that allow their practical application through physical and occupational restructuring of the institutions for implementation of socio-educational measurement of hospitalization.