A institucionalização de crianças e adolescentes no Brasil e a aplicação da medida socioeducativa de internação em detrimento da proteção integral do adolescente

Abstract

Brazil has historically opted for a model of child and youth assistance that generally entails the institutionalization of children and adolescents, especially those who live in poverty, who are often not recognized as holders of human rights. In this way, the culture of institutionalization is analyzed in a perspective in which the State prefers to remove these young people from the family and community context to provide conditions for families to raise them. To this end, it is shown how, despite the Federal Constitution, the Statute of Children and Adolescents and Law No. 12,594 / 2012, the State continues to institutionalize teenagers due to the practice of crimes in institutions that are very similar to penitentiaries and prisons in the Prison System, contrary to the Doctrine of Integral Protection and the respect to the condition of holders of rights of these young people. In this sense, interventions by the Inter-American Commission on Human Rights in Espírito Santo and Ceará are analysed, which, over the past decade, has issued Precautionary Measures against these states due to serious violations of the human rights of adolescents swerving a custodial sentence. In a conclusive aspect of the study, it is evident that, due to the importance of family and community coexistence and respect for the peculiar condition of a developing person, the deprivation of liberty of those adolescents must be an exceptional measure and cannot prevent the exercise of any of the rights related to the Doctrine of the Integral Protection. In addition, there is an urgent need for these institutions to be completely modified from an architectural and spatial point of view in order to differentiate themselves from the Prison System and, consequently, to make a truly socio-educational process viable.