The challenge in fulfillment of internment measure applied to adolescent who practice an infraction

Abstract

Law constantly changes as society changes. Regarding the rights of children and adolescents could not be different. Over the years, several international documents have directly influenced Brazilian law and its way of protecting and blaming adolescents. An example of this is the Federal Constitution of 1988 and the Statute of the Child and Adolescent of 1990. With the advent of this new system, the doctrine of integral protection was adopted, therefore, children and adolescents became subjects of law, seeing that they are in a peculiar situation of developing people. From this, came the proposal of blaming the adolescent in conflict with the law through the implementation of pedagogical practices to the detriment of punitive measures that were previously applied. The objective of this research is to reflect about the challenge of fulfillment pedagogical and social character of the socio-educational measure, especially regarding the internment measure. The deductive method will be used, in view of the present research starting from a specific fact, which is the fulfillment of the socio-educational internment measure by adolescents who practice an infraction, generating the question that will be sought answer, if such measure fulfill social and educational character.