O Direito do Contraditório e da ampla defesa nas aplicações de medidas protetivas de acolhimento institucional na fase das audiências concentradas

• Autor(a) principal: Franco, James Alan dos Santos
• Data de Publicação: 2014
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Biblioteca Digital de Teses e Dissertações da PUC_SP
• Texto Completo: https://tede2.pucsp.br/handle/handle/17680
• topic: Criança; Adolescente; Medida protetiva; Acolhimento institucional; Direito ao contraditório; Direito à ampla defesa; Audiência concentrada; Child; Adolescent; Protective measure; Institutional home; Right to contradictory; Right to the full defense; Concentrated hearings; CNPQ::CIENCIAS SOCIAIS APLICADAS::SERVICO SOCIAL

It is legitimate that children or adolescents who are under precarious living situation, come to be supported by means of protective measures, including being placed in residential care services, always fulfilling the determinants of Integral Protection. Applying those protective measures without observing the criteria designed to maintain family ties would not be legitimate. This thesis regards to the Concentrated Hearings as a formality built for trying to shorten the stay of the child or adolescent under hostage measures and send him/her to his/her own family or, in special situations, to a surrogate family. Obviously, the Focused Hearing must work under the principles of the contradictory and legal defense, without which we would go back to the Juvenile Code, where retailed practices reigned, justified by the irregular situation of the child or adolescent. We seek ,therefore, to explore speeches of professionals who work directly in Concentrated Hearings, in order to identify their practices - to check if there still are traces of retailing and of prospect illegal situation - and to understand the characteristics of the new working style , guided by the Comprehensive Protection . Based on a qualitative approach, we have analyzed the contents of 05 ( five) recordings made by NCA- PUC, which included the lines of two state judges, two prosecutors, a public defender and a group of about 90 (ninety ) Professional social workers and psychologists who spoke specifically about the Concentrated Hearings. Historically, global society, including the Brazilian one, trod a tortuous pathway until reaching the principles of integral protection of children and adolescent, outdoing the period during which children were treated as objects. As a basis, we have used the jurisdictional practices of the contradictory and the legal defense, current knowledge regarding the irregular situation and retail, the advances on the citizens human rights, and the right of full protection of the child and the adolescent, in order to analyze the current situation of the ACs, held during the implementation of protective measures of institutional home. The content analysis of these professionals speeches showed that the legislative advance determined changes in institutional practices: former orphanages were replaced by institutional homes, which task involved the development of the prospect of full protection of children and adolescents under their responsibility. However, some issues still remain to be overcome: the practices guided by the retail thinking, together with the limitation of public policies and the lack of dissemination of ECA in law courses, cause the law-robe professionals to hinder the advancement of full protection of children and adolescents, especially during the application of protective measure of institutional care. Finally, the ACs reveal an attempt, by the judiciary , to improve the conditions of children and adolescents. At the same time, this confirms our initial hypothesis that, in regard to protective measures, there is disrespect to the constitutional principles of law as to the contradictory and the full defense