Sobreviventes do "cárcere": egressos do sistema de justiça juvenil

Abstract

The Child and Adolescent Statute has just completed 30 years in force. Along with the 1988

Constitution itself, it came to confirm, in Brazil, the denominated doctrine of Integral Protection to children and adolescents. A new paradigm, in contrast to the previous formulation of

the Irregular Situation. It is innovative to consider such actors as subjects of law and no longer merely an object of tutelage, as people in development and creditors of priority and integral

care in relation to their basic needs. Another novelty emerges, the socio-educational measures, as an institutional response to the conducts of adolescents who violate recognized norms of

social coexistence. Less retribution, more inclusion, guided by the preponderance of pedagogical aspects, in its application. Among these, due to severity, in apparent contradiction with

the new model, the socio-educational measure of internment stands out, which implies the deprivation of freedom of adolescents and young people, excluding them, almost completely, from contact with the outside world, and imposing a rigid system of discipline on it. Attentive to this aspect, it is questioned whether, in fact, the celebrated paradigmatic change occurred, or in other words, whether, with the internment, the intended objectives of social inclusion

were achieved. In order to carry out this research, of an eminently qualitative nature, the discourse of the young man who was discharged from the hospitalization measure was used, in

particular, those “served” by the Justice System of Goiana, Pernambuco, especially during the researcher's professional performance, as Judge of Childhood and Youth and of the Execution

of socio-educational measures of deprivation of liberty, collected through the interview strategy, covering three different subjects of this universe: (a) young people who followed life in

freedom; b) young people who have been imprisoned again; and (c) relatives of young people murdered after leaving. Each participant contributed voluntarily with their narratives, being

guaranteed the ethical aspects that involve the research with human beings, such as risk reduction, the right to withdraw and, in particular, the confidentiality of their identities, including

with the adoption of fictitious names in the presentation of data. Adopting an interdisciplinary perspective, we worked with theoretical constructions of various disciplines and sciences that

deal with the phenomenon of deviation, incarceration and prison institutions and their consequences, notably the theoretical perspectives of the “Labeling Approach” and the Critical

Criminology. The data was analyzed and interpreted based on the categorization of information contained in the narratives and experiences of the interviewees in comparison with the

legal, theoretical and praxis of the current socio-educational model. Finally, among other discoveries, it is possible to consider that, in a clear identification of the inaugural aspirations,

included in the Human Rights postulates and the Constitution, the segregating “treatment”

provided for in the Statute of Children and Adolescents and in the Law of the National Service System Socio-educational (SINASE), and implemented by several bodies and entities,

each in its own way, and in its own compartment, represents a reproduction, with a new approach, of the traditional authoritarian forms of repression, exclusion and even extermination.

In the company of this inference, the understanding is confirmed that Education and Social Inclusion of young people and adolescents, in an integral and priority way, and in a country that proposes to be plural and democratic, does not match the deprivation of liberty.