Análise acerca da eficácia das medidas socioeducativas no atual contexto social brasileiro

Abstract

The present study aims at analyzing whether, in the current Brazilian context, socio-educational measures, provided for in the Statute of the Child and Adolescent, are being implemented as enacted in legislation. It also aims to investigate whether socio-educational measures, as they are being applied by the public power, are effective for resocialization of the juvenile offender and, therefore, if they are capable of containing child-juvenile crime. It is known that subjects under the age of eighteen, because they are considered criminally unfit, are exempt from penalties. However, if they commit any infraction, adolescents will be subject to the application of the rules established in ECRIAD. Noting the fact that young people are still in a stage of development, both physical and mental, Law 8.069 / 90 instituted socio-educational measures, which have a pedagogical and sanctioning nature, since they aim at the reintegration of the youth in conflict with the law in society, as well as punishing them for the conduct practiced. Article 112 of the aforementioned Law lists the species of socio-educational measures applicable to adolescents who commit acts of infraction, and each species must be chosen according to the peculiarities of the specific case. In the current Brazilian social context, it is possible to visualize that socio-educational measures, in their pedagogical character, are not executed according to the rules. As a result of several factors, these can not achieve the purpose for which they were proposed, that is, the resocialization of the subject under eighteen years. The young offender ends up being subjected to an inadequate treatment, which does not respect the legal principles and the particularities of the concrete situation. It should be noted that this lack of appropriate treatment directly contributes to the return of young people to the criminal environment and, consequently, to an increase in urban crime. Therefore, a study about the factors that contribute to the ineffectiveness of socio-educational measures is indispensable, as well as an analysis of possible ways to be taken by the public power for their effectiveness.