A problemática das medidas socioeducativas e protetivas para adolescentes em conflito com a lei: a ressocialização do infante e o princípio da proteção integral frente à realidade social.

Abstract

The children and young people are supported by the institute of integral protection, guiding the Statute of the Child and the Adolescent. Socio-educational and protective measures can be applied to all infants, is persons under 18 (18) years of age, when they are at risk and in cases of acts in conflict with the law. Family power is directly linked to the education of young people and children, and is fundamental for their psychological, physical, intellectual and moral development. The peculiar condition of a developing person does not deprive the State of punishing young people who are in conflict with the Law (for committing an act characterized as a crime or a criminal offense), and they must receive an educational sanction, as well as the application of protective measures of protection (avoiding the violation of rights and guaranteed the integral protection). In any case, that sanction must be educational in character, the main purpose of which is the reintegration and re-socialization of child after their completion. Using the systemic method, the interrelationships between family power and the state's performance (as a mechanism of social support and control) were analyzed as a way of discussing the role of protective and socio educational measures and their relationship with family and the legal conflicting acts. It is pointed out that the numerous recidivism of young offenders is due, among other factors, to the lack of education, lack of family structure that enables infants to be effectively educated, as well as to the State, as a social support mechanism, or as a conduct control. And, in this context, there is a deficit in the legal effectiveness of the institute of integral protection.