A efetividade do direito à visita íntima no sistema socioeducativo: uma análise empírica a partir das práticas discursivas na FASE/RS

Abstract

This research project aims to investigate questionable practices of professionals of the Social Services of FASE RS, especially in relation to the right of conjugal visits for detained teenagers. The idea is to unmask the origins of what is being, said, demonstrate what they are saying, what their arguments are, and to what extent they exercise power that could impact on their (in) effectiveness, without denying the complexity of the issue, and the plurality of factores linked to it. The proposal arises from the fact that only one in fourteen units of hospitalization in Rio Grande do Sul has implemented conjugal visits permitted since the passing of law number 12.594/2012. The methodology includes a literature and legislative review, establishing a dialogue between fields of law, history and philosophy which will form the basis for the second stage, which relates to empirical research. The latter aims to delve into the practical world of the socioeducative system through interviews with working professionals, representing various areas of knowledge. The thoughts of the philosopher Michel Foucault serve as the main theoretical framework, notably the notions of speech and exclusion systems, discursive practices, power and respect, disciplinary power, biopolitcs and forces of resistance. These categories tie the study to, or form, a triped: discursive practices, knowledge power and truth, and sexuality. The research project concludes that the discursive practices go against the implementation of conjugal visits, either by a complex control system of speech relating to sexuality, which impedes the adequate treatment of the subject by force of disciplinary power which imposes a discourse of security which prevails over a socio educative bias. In this context, the various arguments of this resistance will be categorised. The importance of this research project lies not only in a legal study of factual circumstances that affect the concretization of a legal right. It also seeks to elaborate the extension of the whole field of policy related to the socio educative services where various branches of knowledge converge. Understanding the discursive practices and the power strategies in the interior of an impatient unit, and how this affects a legal right could result in a fundamental contribution to deal with this on a daily basis, and the subsequent planning of public policy which would improve the service offered.