The ineffectiveness of the applicability of socio-educational measures in the Combating the recidivism of an infraction

Authors

Pedro Santos da Cunha

Keywords:

child and adolescent statute, restorative justice, educational measures, minor offender

Synopsis

Recidivism in the commission of criminal offenses by minors is a major problem for Brazilian justice and society, given that a large part of young people who comply with socio-educational measures commit criminal offenses again. This makes it clear that the use of socio-educational measures, listed by the ECA, is not effective in the resocialization of these young people.offenders. The present work aims to analyze whether the socio-educational measures applied to young offenders have had practical effects. This is because minors have constitutional protection and are the responsibility of society, the state, the family and the community in general. Through bibliographic research, an analysis was made at the ECA from a constitutional perspective, addressing the role of the family, the State and society in the protection of minors. It also compares socio-educational measures in species, as they are used in specific cases, in addition to demonstrating the latest data on the recidivism of young people who commit an infraction. In this way, Restorative Justice is suggested as a way of mitigating the problem, in order to unite it with what the Brazilian legal system already brings, regarding socio-educational measures.

References

CUNHA, Pedro Santos da. A ineficácia da aplicabilidade das medidas socioeducativas no combate à reincidência de ato infracional. 2021. 41f. Monografia (Graduação em Direito) – Faculdade Minas Gerais, Belo Horizonte, 2021.

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Published

June 14, 2021