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SOCIAL-EDUCATIVE SENTENCE: PUNITIVE OR PROTECTIVE STRATEGY?

Abstract

This paper problematizes the ways of treatment between those in protective actions, regarded as victims and those under social-educative detention, perceived as dangerous. Moreover, there is a division regarding the way protective actions and social-educative sentences have been applied by Social Assistance, in terms of management, comparing to the way social-educative sentences have been served, managed by Public Security. This research was developed using a cartographic method, which has delineated interviews with professionals who work at social-educative system, visiting juvenile detention institutions, as well as reading judicial processes and hearings at Juvenile Justice System. It has been concluded that the right to integral protection as advocated by ECA has not reached all, particularly those whose protection is urgent, as it is the case of adolescents in conflict with the law that are having their rights violated in favor of the maintenance of population security.

Keywords:
Protective actions; social-educative sentences; Child and Adolescent Statute; lowering the age of criminal responsibility

Associação Brasileira de Psicologia Social Programa de Pós-graduação em Psicologia, Universidade Federal de Pernambuco, Centro de Filosofia e Ciências Humanas (CFCH), Av. da Arquitetura S/N - 7º Andar - Cidade Universitária, Recife - PE - CEP: 50740-550 - Belo Horizonte - MG - Brazil
E-mail: revistapsisoc@gmail.com