A ineficiência do Estado em promover políticas públicas eficazes no trato de crianças e adolescentes autores de atos infracionais no âmbito do Distrito Federal

Abstract

This study aims at analyzing the inefficiency and ineffectiveness of some public policies when dealing with children and adolescents who perpetrated infractions. It presents a brief record about the principle of integral protection for children and adolescents in Brazil, which is based on the Mello Matos code from 1927, the 1979 Minor Code, and the advent of the Federal Constitution from 1988, which has brought a major breakthrough when concerning guarantees for the rights of minors, since this was the moment they started to be seen as people who have rights. This study also analyzes the State's responsibility when concerning children and adolescents, according to the article 227 from the Federal Constitution of 1988, in which it is stablished that the State, the family and the society share the duty to guarantee the rights for children and adolescents. Therefore, the enforcement of these rights and guarantees falls within the responsibility of the Public Administration, through the promotion of public policies and taking into consideration the principle of absolute priority. Additionally, this study analyzes the State's inefficiency in guaranteeing the rights to life, health, education, culture, sport and leisure, provided for in the Child and Adolescent Statute, since the State's inefficiency in guaranteeing these rights is a key factor for the entrance of young people in the universe of criminality. It also analyzes the State's inefficiency when dealing with minor offenders, as well as the conditions under which socio-educational measures are applied, confirming the lack of institutional investment as well as the professional incapacitation of the servants who are responsible for applying the measures. Furthermore, it analyzes the socio-educational measures as laid down in Article 101, III, V, and VI, and in Article 112, II and VI of the Child and Adolescent Statute, focusing on the State’s inefficiency when concerning the treatment of minors and adolescents in conflict with the Law, at the district scope, proving its ineffectiveness in the rehabilitation of these young people, in view of the State omission.