O serviço de medidas socioeducativas e o ECA: análise do caráter punitivista na socioeducação

Abstract

The central proposal of this work lies in the conceptual and practical analysis of the Socio-Educational Measures (MSE) service, starting from the premise that the service continues to reproduce punitive actions and perspectives in the care of children and adolescents in situations of conflict with the law. , even with the advent of the Child and Adolescent Statute (ECA). The assumption underlying this statement is found in historical and structural elements of the social formation of capitalism and the constitution of children's and adolescents' rights in the Brazilian socioeconomic structure. For the proposal of this work to be effective, comparisons of the MSE, and consequently of the ECA, will be made in relation to the old Codes for Minors based on the concepts behind the legislation, as well as an in-depth analysis of the conceptualization of socio-education. Thus, regarding the theoretical-methodological point of view, the critical perspective of analysis of reality was used, based on the historical-dialectical materialist method so that the precise approximation of the object of analysis is carried out. For this, the methodological procedures are of a qualitative approach with the use of bibliographical and documentary research techniques, using the legislation referring to this content and bibliography with the same objective. Therefore, the research demonstrates that even with the constitution of the ECA, the measures service continues to reproduce the cycle of punitivism and marginality perpetuated by the Minors Codes (1927 and 1979), not realizing the socio-educational bases proposed for the MSE.