Espécies de medidas aplicadas para cada tipo de ato infracional cometido por crianças e adolescentes: uma análise da aplicabilidade e a relação com a reincidência e sua efetividade

• Autor(a) principal: Vieira, Nícolas Santos
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5898
• topic: Adolescente infrator; Medida socioeducativa; Internação; Criança e adolescente

The present monographic work focuses on the measures and sanctions imposed on the infraction acts applied today by Law n. 8,069, of July 13, 1990 - Statute of the Child and Adolescent (ECA), more precisely in relation to the title of article 112 of this code, a device that indicates a taxive list of socio-educational measures with predominantly educational character. The applicability of these measures will be observed so that, after the transition to the age of majority, the offenders do not repeat their offenses by committing crimes. Therefore, the effectiveness of this code will be analyzed in research related to state bodies, such as the National Council of Justice and the Ministry of Human Development, focusing on the predominantly educational nature and effectiveness of these Statutes. As for the methods used, in terms of the approach was qualitative, as far as depth, exploratory level and, finally, regarding the procedure, the bibliographic and documentary methods were used. From the results obtained, it was concluded that the applicability of socio-educational measures titled in Law no. 8,069 / 90 (ECA), in its majority, has its educational character with its effectiveness questioned, quantifying that the closer to the family context the more effective the measure. However, it was found that in the deprivation of liberty of these adolescents, due to overcrowding and poor quality in the provision of services in the socio-educational centers, along with repeated failures in re-education and re-socialization in these hospitalization units, do not fulfill their objective, making with which the young person returns to return. It should be emphasized that in most cases, the infraction is linked to circumstances that are adverse to the legislator's intention, such as influences in daily life, bad company, family instability and a lack of resocializing public policies, thus allowing the subjects reached by this Statute, come to repeat, that is, to re-engage in such offenses and continue to commit the crime. Consequently, it is concluded that it does not only comply with the applicators of this law, it is rigid, since in the dull majority of times the problem lies exclusively in the family, in society, in the uneven distribution of income, lack of public policies and inclusion programs. In the meantime, it is crystal clear that the problem is not linked to the law, but its implementation, which is why the state must act on long-term policies, as it will reflect on these more vulnerable subjects within a society.