Medidas socioeducativas em meio fechado: punir e ressocializar?

Abstract

This work addresses the issue of socio-educational measures in a closed environment, punishment and re-socialization. For a more complete and comprehensive approach to the topic, a brief historical reconstruction of the trajectory related to the rights of children and adolescents is brought to the debate. It also focuses on the legal apparatus that permeates the youth population, both internationally and nationally, as well as socio-educational measures in kind, the dichotomy between the social function of punishment and resocialization and the influence of negative measures in a closed environment. The study is based on literature review, scientific articles, in addition to data analysis, documents and legislation on the subject. Finally, it is concluded that, due to the peculiar nature of socio-educational measures, they must be analyzed in order to seek the re- socialization of young offenders, in compliance with the Principle of Integral Protection. However, although Brazil has excellent legislation aimed at the full protection and promotion of children and adolescents, what is contained in the legislation ends up not being implemented, without tangible practical results, in order to effectively implement the constitutional and legal presupposition regarding material rights of children and adolescents. There is a lack of adequate and necessary conditions in closed establishments, which ends up harming both the development and the social and family reintegration and reintegration of young people.