"Uma gota de pranto molha o riso quando o preso recebe a liberdade": a medida socioeducativa entre a responsabilização e punição

Abstract

Penalties for adolescent offenders in Brazil are defined in the Child and Adolescent Statute (ECA) and in the National Social-Educational Service (SINASE), normative documents regarding the execution of socio-educational measures, aimed at adolescents that infringes. Since deprivation of liberty is the most serious measure, as it removes the adolescent from their family and social life, it was decided to understand this system within the state of Rio Grande do Norte (RN), in view of the body responsible for the restrictive measures of liberty, the SocioEducational Service Foundation (FUNDASE), has gone through a Judicial Intervention process as a result of serious violations of the rights of adolescents deprived of liberty. Therefore, the general objective of this research is to analyze the judicial intervention imposed on the Fundação de Atendimento Socio-educativo do RN. And the specific objectives are to analyze and identify the factors that contributed to the granting of the Judicial Intervention process at FUNDASE, to analyze the concept of socio-education built during the judicial intervention and to identify the socio-pedagogical and punitive elements present in the institutional documents of the four deprivation units of freedom of the RN. To achieve these objectives, the historicaldialectical materialism, inspired by Marxian social theory, was defined as a theoreticalmethodological contribution, bearing in mind the understanding that, behind every social phenomenon, there are political determinations that support the ways in which structures the current society. Therefore, the proposal of this research demonstrates a qualitative bias in its methodological design, in which a documentary research was carried out, and a study divided into three stages was presented: (1) analysis of the pre-intervention period; (2) procedural analysis of judicial intervention; (3) analysis of the socio-pedagogical and punitive elements present in the institutional documents prepared during the intervention measure. For the theoretical basis, a fruitful discussion was carried out on the concept of socio-education and all its contradictions, as well as a deepening of prisons and their roles in today's society, based on critical criminology, considering a discussion between what is defined as accountability and as punishment in the socio-educational system, in addition to bringing to light possibilities of less violating interventions. The results show that Judicial Intervention brought improvements to the socio-educational system in Potiguar, especially with regard to administrative and organizational issues. However, from the point of view of care, it was noticed that socioeducation follows the same line as the capitalist system, presenting a structural crisis that is reflected in the materiality of the implementation of socio-educational measures. In addition, the analysis of institutional documents shows that the measure of deprivation of liberty continues to be a hindrance for socio-education, due to its violating character, which places the adolescent under the object perspective, contrary to the logic of subject of rights advocated in the ECA . Finally, penal abolitionism is defended to the detriment of prison, since prisons serve as a space of segregation for the population subordinated by capital.