ineffectiveness of the applicability of socio-educational measures in combating the recidivism of an infraction
Keywords:
child and adolescent statute, restorative justice, educational measures, minor offenderSynopsis
Recurrence in the commission of criminal offenses by minors is a major problem for Brazilian justice and for society, given that a good number 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 re-socializing these young offenders. This paper 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 bibliographical research, an analysis was made in the ECA under the constitutional perspective, approaching the role of the family, the State and society in the protection of minors. It also collates the socio-educational measures in species, how they are used in specific cases, in addition to showing the latest data on the recurrence of young people who commit an infraction. Thus, Restorative Justice is suggested as a way of mitigating the problem, in order to unite it with what the Brazilian legal system already brings, referring to socio-educational measures.