Medida socioeducativa de internação: uma análise acerca da aplicação dos princípios emanados da doutrina da proteção integral

• Autor(a) principal: Resende, Victoria Ferreira de
• Data de Publicação: 2017
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório da Faculdade de Direito de Vitória
• Texto Completo: http://191.252.194.60:8080/handle/fdv/442
• topic: Medida socioeducativa de internação; Doutrina da proteção integral; Princípios; Criança e adolescente; CNPQ::CIENCIAS SOCIAIS APLICADAS::DIREITO

This study aims to analyze the application of the socioeducative measure of hospitalization in Brazil, under the perspective of the guiding principles of this. Through the use of doctrinal research, historical trajectory of infanto-juvenile law in Brazil was traced to the present moment, of the doctrine of integral protection, adopted by the Federal Constitution of 1988 and by the Statute of the Child and the Adolescent. The 1988 Constitution established the paradigm shift, including the drafting of the Child and Adolescent Statute (ECRIAD), which was influenced by several international documents that establish principles and guarantees aimed at protecting the fundamental rights of children and adolescents. ECRIAD is guided by principles, which must be observed when reading and applying norms aimed at the child and adolescent population. It was sought here, to explain them, as well as to define what socio-educational measures are to demonstrate the ways in which adolescents in conflict with the law can be held liable for the infraction act practiced, thus leaving behind the idea of ​​impunity brought in biased reporting that increases the desire for repression and punishment in the population. Finally, the aim was to explain the guiding principles of the socio-educational measure of hospitalization and then, through data surveys prepared by the National Socio-Educational Service and by the National Council of the Public Prosecutor's Office, to present data that contribute to the analysis, such as the index of application of the principle of exceptionality, data relating to the preparation of the Individual Service Plan and the reassessment report of the measure, to exemplify the application of the principle of brevity of the measure and, given referring to the separation of adolescent inmates according to age, hospitalization modality, physique and type of infraction, to verify the application of the principle of the peculiar condition of the adolescent. At the end, another graph was analyzed with data that help to visualize who are the adolescents who are fulfilling a private or restrictive measure of freedom, leading us to the conclusion of the real function of the hospitalization measure. The method used was deductive.