Medida socioeducativa de internação na CASE Salvador: uma ilha na desproteção social

Abstract

The present dissertation study intends to analyze the reality of the execution of the social-educational measure with restriction of freedom, in the CASE Salvador unit, to verify if it complies with the legal determinations inserted in the Child and Adolescent Statute and in the Sinase Law and, in which as this happens. It is a qualitative research whose methodological procedure used was the documentary analysis and its central question is: To what extent does CASE Salvador comply with the legal guidelines governing the Socio-Educational Measure with deprivation of liberty? To reach the desired response, the study of 15 IAPs and follow-up reports on the execution of the socio-educational measure with restriction of freedom were promoted. These were the largest number, extracted from 15 lawsuits, currently in progress or already closed, at the 5th Childhood Court of Salvador, in addition to inspection reports, from the second semester of 2018 and first semester of 2019, from the State Public Prosecution Service, at CASE Salvador. From the analysis of these documents and visit to CASE Salvador, it was possible to observe and analyze to what extent the execution of the socio-educational measure of hospitalization, in the CASE Salvador unit, meets the legal claims. To this end, chapters with a theoretical approach were elaborated to clarify the historical construction of the rights of children and adolescents in Brazil, the implementa-tion of the Statute of Children and Adolescents and concepts inherent to the Doctrine of Integral Protection, the social rights of adolescents, the infraction act and the socio-educational measure of internment and related legislation. After all, presented the data raised in the research, promoting the counterpoint with data from inspection reports, promoted by the Public Prosecutor of the State of Bahia, in the unit indicated. Finally, considerations were made regarding the divergences and convergences between protection laws and the implementation of the measure, and it was concluded that social protection policies do not effectively reach the public that makes up the socio-educational system, which, for the most part, only have access to their social rights, after insertion in the socio-educational system. This reality translates into a serious violation of the rights of adolescents in the city of Salvador and may portray itself as a preponderant factor in the beginning of the practice of infringing acts.