Medidas Socioeducativas: internação monitorada e meios alternativos à segregação da liberdade no Estado do Tocantins

Abstract

The present study aims to present the elements and debates for a Theory of Monitored Admission of Adolescents in Conflict with the Law in the State of Tocantins, as an alternative way of segregation, inspiring a new conception of the resocialization of young people involved with child and juvenile criminality. The milestone proposal revisited the historical frameworks, the principles applicable to the Law of Children and Adolescents, outlining parameters related to juvenile criminal law and to the criminal responsibility of adolescents for the practice of the infraction. The starting point of the study is the scarcity of appropriate places in the State of Tocantins for the application of the socio-educational measure of hospitalization, denoting the absence of public policies for resocialization of adolescents in conflict with the law, aspect that guided the object of investigation of work . In order to reach the fundamental objectives of the research, such as the analysis of the profile of the adolescent in conflict with the law, the construction of the pillars of the minimum intervention and the presentation of a proposal of alternative mechanisms to the hospitalization, the methodology was defined according to the bibliographic type With the complementation of documentary analysis. Adopting these perspectives, the aim was to develop some premises around the Theory of Monitored Admission of Adolescent Offenders, in spite of the immaturity of the subject in front of the legal theory regarding the Law of the Child and the Adolescent. Therefore, in the light of the intersection of a complex set of factors guiding the infractions, aspects were presented around adolescent resocialization proposals, such as referral to a multidisciplinary team, assistance and pedagogical accompaniment, allowing to contribute to the Strengthening pillars of minimal intervention and guaranteeing juvenile criminal law, without losing sight of the need to realize fundamental rights of the adolescent as a subject of rights.