Acolhimento institucional e transição para a vida adulta na perspectiva das “decisões estruturais”: análise a partir das teorias do reconhecimento e da responsabilidade social

Abstract

The present dissertation looked to check the acting of the Judiciary Tocantinense in the process of transition of the adolescents between the institutional welcome and the adult life. It is composed of three chapters: a philosophical, sociological and legal analysis of the adolescence and of the public politics of institutional welcome; a qualitative checking of the processes of welcomed adolescents, between 15 and 18 incomplete years, in the Judicatures of Palms and National Oporto / you it; and an analysis of the adoption of the structural decisions in the preparation of the welcomed adolescent institucionalmente for the adult life. The inquiry was orientated by the inductive method, with a hard-working perspective and with qualitative approach. The analysis of the processes, aiming to reach the proposed objectives, presented a descriptive character in the collection of the data, and exploratório as for the acting jurisdicional, in order that a bigger familiarity had been with the problem, setting it out and to serve of base to the hypotheses construction. The study made possible the observation that does not take place an acting jurisdicional proactive in the process of transition of the adolescent of the service of welcome for the adult life. The conditioning of the judge appears like possible hypothesis to a passive paper imposed by the traditional legal system that imprisons it to a pragmatic formalism, stopping assuming the central position, tensionadora and supervisory of the System of Guarantee of Rights. Before the hypothesis, there is defended the adoption of the structural decisions what, to a redirecionar the acting jurisdicional from the past and to projecting it for the future in stake to the mutability fática, draws an able processual model of instrumentalizar the acting procedimental dialógica of the Judiciary in the solutions construction with aptitude of restoring the political context and sociocultural of the adolescents in the transition process between the welcome and the adult life and making possible the overcoming of the violations to the recognition standards, as well as responding to the objective duty of a public servant of acting ruled by the ethics of the responsibility with aptitude of making real the intrinsic promise of the right with the future generations of carrying out the promises contained in the constitutional text while recognizing child and adolescent as absolute priority.