/img alt="Imagem da capa" class="recordcover" src="""/>
Dissertação
A operacionalização dos procedimentos de medidas protetivas a crianças e adolescentes em situação de acolhimento institucional na comarca de Palmas/Tocantins
The present technical research report deals with the theme of full protection of children and adolescents in the justice system, from the perspective of Human Rights, more specifically, about the operational procedures of institutional care protection measure. In Brazil, the Federal Constitution...
Autor principal: | Vieira, Márcia Mesquita |
---|---|
Grau: | Dissertação |
Idioma: | pt_BR |
Publicado em: |
Universidade Federal do Tocantins
2016
|
Assuntos: | |
Acesso em linha: |
http://hdl.handle.net/11612/138 |
Resumo: |
---|
The present technical research report deals with the theme of full protection of children and
adolescents in the justice system, from the perspective of Human Rights, more specifically,
about the operational procedures of institutional care protection measure. In Brazil, the
Federal Constitution of 1988 represents a regulatory framework in the fight for the
recognition of children and adolescents as subjects of rights, with its materiality anchored in
the principles and guidelines the Statute for Children and Adolescents (SCA), specific
legislation of attention to this population. The statute was revised and specially modified in
the parts relating to the protection of children and adolescents in situations of violation of
rights or at risk, resulting in the enactment of Law No. 12,010, of August 3,2009, called Law
of Family Living and Communitarian (LFLC ), which sought to improve the guarantees
already recommended in previous legislation. In particular, the legal institution of the host
was reinterpreted and its operation was redirected with a view to give greater effectiveness in
running and five areas of restructuring were prioritized, and the formation of lawsuits for
each child received; definition and guidance of enforcement mechanisms and periodic review
of the protective measure; joint liability with training and qualification of system
professionals; monitor the implementation of services and amenities; and reporting to the
National Council of Justice (NCJ).The recommended changes have been established for over
six years, but in Palmas / TO judicial district they are still invisible from the empirical point
of view, basing the relevance of a systematic study to know the intrinsic issues to such a
scenario. Thus the documentary research was carried out by the Court of Childhood and
Youth, through specific instruments for data collection, one for each axis of
operationalization. Documents produced in 2015 were analyzed to represent the usual
procedures nowadays and included 16 host processes, 36 records of concentrated audience, 01
inspection at the host institution report and the records of the National Children Register
Received (NCRR), 17 entries received from 17 guides the host, 36 guides and 04 entries
shutdown institutions. The lack of training and continuing education plan, so the analysis of
this axis is given only in the theoretical and normative field is recorded. For the documents
related to other axes the content analysis technique was used, from two categories of analysis,
the contradiction and historicity. Difficulties in overcoming the SGD isolated and welfare
practices were identified, demonstrating a contradictory picture of violation and protection in
the course of the visits. Some specific efforts to reframe the procedures were identified, More
specifically in the structuring of lawsuits protection measure, in conducting the hearings and
concentrated in data entry in NCRR, but distancing from reality institutions were highlighted
together with the lack of training and continuing education that certainly weakens the
possibilities of overcoming the alienation and fragmented knowledge, directly impacting the
quality of services. |