A agenda da (des) proteção integral: o plano individual de atendimento e a redução de dor na execução infracional.

Abstract

This is an empirical research carried out in the Regional Court of Childhood and Youth, located in Recife / PE, which has competence for executing socio-educational measures in the metropolitan region of Recife. Through the analysis of the data collected in the second half of 2016 and the first half of 2017 (Individual Assistance Plans, reports from the FUNASE multidisciplinary team, ministerial opinions and judicial decisions), it was sought to verify to what extent the current MSE implementation process of incarceration, in the metropolitan region of Recife, is able to lead adolescents to emancipation. In this way, starting from a decolonial criminological bias, based on Luigi Ferrajoli's Criminal Garantism, an analysis was made of the reception of criminological theories in Brazilian territory, investigating whether the legal discourse guaranteeing the Doctrine of Integral Protection is sustainable, issued by Law 12,594 / 12. That is, that the social integration of the adolescent and the guarantee of their individual and social rights will be concretely given through the fulfillment of the Individual Plan of Attendance. At the end, a proposal is made for reconciliation between the legal system of the Statute of the Child and the Adolescent and the protection of the assets legally trimmed by the Federal Constitution, from the perspective of a harm reduction policy based on a criminologically oriented in order to enable the adolescent author of an infraction act to establish a process based on juridical rationality, which is combined with a progressive cognitive accountability model capable of restoring human dignity.