PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO GRANDE DO SUL
SCHOOL OF SOCIAL WORK
GROUP OF STUDIES AND RESEARCH IN ETHICS AND HUMAN
RIGHTS - GEPEDH
Municipalization of programs and
services in open environment of
juvenile offenders in Rio Grande do
Sul, Brazil
.
Work Group
Paz Hummes, Alessandra; Giacomelli Henriques da Cunha,
Liziane; Avila, Lisélen; Prado, Alessandra; da Silva Cunha,
Debora Regina; Milani Leal, Graziela
Coordenação
Profa. Dra. Beatriz G. Aguinsky – PPGSS/PUCRS
Introduction
Previous researche(2009) =
juvenile offenders deprived of
freedom - Rio Grande do Sul.
New landmarks = Social
Policies regulations
SINASE/SUAS
Adolescents in conflict with the law: trajectory in the
Justice System and Socio-Educational Services
Youth offenders – till the age of 18 years
•
Specialized Police Departmen for youth
Prosecutors Office for the youth
Juvenile Specialized Court
Socio-educational Measures/ Art. 112
Executor Service - Organ of Social Protection Policy
CREASReference Center
Specialized
What are the social and educational measures?
(art. 112 / ECA)
Open environment social and educational measures
I - warning;
II - the obligation to repair the damage;
III - services to the community - PSC;
IV - probation - LA.
Measures of freedom deprivation
V – inclusion in a Program of partial freedom;
VI – deprivation of freedom;
VII – Protection measures of art. 101, I a VI. (BRASIL, 1990, p. 22).
Regarding munipalization:
 The open environment measures shall happen at the
municipal level, in the community where adolescents
live in order to strengthen family and community
bonds
 Responsibility of the State or Federal Government =
funding and / or technical support(SINASE, 2006);
 Municipalities should promote a municipal plan
regardin
socioeducationa
measures
for
juvenile(SINASE, 2008).
Metodologia
• Different institutional arrangements of Programs/services in 9 cities
• Study of qualitative nature that also seek qualitative information that is
quantifiable.
• The main techniques for collection, analysis and interpretation of data
• is documentary analysis, interviews, questionnaires and content
• analysis (BARDIN, 1977) . Quantifiable information is treated with simple
statistic method.
• Ethical Care - Approval of the Ethics Committee. All participants
previously received information about research and about the voluntary
nature of participation, signing consent form(TCLE).
Research Objectives
 Conduct a situational diagnosis regarding
municipalized socio-educational measures in RS.
 Analyze how the municipalization of programs and
services in open environment for juvenile offenders
is being carried out, considering the interface
between the parameters of SINASE e do SUAS.
Passo Fundo
Santo Ângelo
Caixas do Sul
Uruguaiana
Novo Hamburgo
São Leopoldo
Santa Maria
Included Municipalities: same
that participated in previous
research of Freedom
Deprivation (2009).
Inclusion Criteria: see the
Socioeducational System as a
whole.
Porto Alegre
Pelotas
Sujeitos, Técnicas e Instrumentos
• Adolescents: 42 participants. Interview based on a form;
• Managers of the Programs/services: 21 participants. Interview
based on a form and use of a questionnaire;
• Key informants System Guarantee of Rights: judge, prosecutor,
defender, manager of policy, delegate and expert adviser to
CMDCA= 54 participants. Interview based on a form and use of
a questionnaire
117 participants
Who are the adolescents in open environment services or
programs?
Male
FAMILIES
IN A SITUATION OF
SOCIAL
VULNERABILITY
Repeated offenses
ADOLESCENTS
Types of infractions
Robbery, theft,
drug dealing,
injury
LITTLE STUDY
SUBSTANCE
ABUSE
Program/Services and e the Rights
Guarantee System
“Our contact is always through letter, it has even
Little articulation = bureaucratization
of relations
been discussed on the terms you may need to
meeting once a month with them, but was dropped
this proposal” Program Manager
‘’ We miss the action of the police, the teens
reported abuse by police. I do not know why she is
not used, we have no contact with the delegated”.
Program Manager
Absence of Special Police
Departments = institucional violence
“We don’t have a specialized police, the teens are
received by the police of adults, and many do not
have the preparation, physical aggression occurs,
threat, and generally they are handcuffed, which
could not. It think the municipality fails.” Ptrogam
Manager
MUNICIPAL SOCIOEDUCATIONAL PLAN
MUNICÍPIOS:
Caxias do Sul
São Leopoldo
Novo Hamburgo
Santa Maria
Santo Ângelo
Passo Fundo
Uruguaiana
Pelotas
Porto Alegre
No = 6; yes = 3
SITUAÇÃO:
NÃO
NÃO
NÃO
SIM
NÃO
SIM
SIM
NÃO
NÃO
Responsible agencies
MUNICIPALITIES
SITUATION:
Caxias do Sul
São Leopoldo
4 CRAS/CREAS
1 CREAS
Santa Maria
1 CREAS (PSC) + ONG (LA)
Santo Ângelo
1 ONG – transition for CREAS 2011
Passo Fundo
Uruguaiana
Pelotas
Porto Alegre
1 CREAS
1 CREAS
1 CREAS
9 CREAS
Novo Hamburgo
CREAS
Situation of the Programs/services:
Technical team = incomplete
“we are waiting for an hiring announcement about
a year now” Program Manager
Records regarding adolescents =
lack of information poor planing
“(...) these informations we don’t have”
Manager
Quality of the services PIA/PAF =
Invisible
“I don’t get any follow up here, nor my family”
Adolescent
Knowledge on Social Policy /SINASE
(2006/12)
Educational sense of measure =
replaced by punitive
What adolescents have to suggest =
think about what is obvious and
simple
Program
“Some time ago I read the Sinase, the regulations
do not remember, but I know its proposal” Program
Manager
“Here I wash, step machine and take away the
garbage, sometimes there's nothing for me to do i
am sitting in the corner” Adolescent
“I wish they had more projects oriented to the
future” Adolescent
“I think they could do something with the books I
have here. They have so much and do nothing”
Adolescente
Results
Municipalition of programs and services in open
environment of juvenile offenders – RGS is in halfway = to
much to fullfill considering new Social Policies Landmarks
of SINASE and SUAS
- Beginning of this process = late 90’s and early 2000.
- The implementation of the Unified Social Protection
(SUAS) typifies this service as one to be performed at the
Centers for Specialized Social Assistance Reference
(CREAS) by qualified and interdisciplinary teams relying
on social workers, psychologists and pedagogues, etc..
(SUAS, 2005)
Results
• The constitution of the technical staff has not yet been fully
achieved in these services, as required by the new
Brazilian legislation on the subject.
• We also found a lack of professionals to fulfill the demands
of the services and a lack of training for the work
specifically with socio-educational measures in an open
environment.
Results
• Regarding the management arrangements of the
services studied, we found that the local governments of
Municipalities are primarily responsible for the services
and in some cities there is shared responsibility with
NGOs, and the municipalities are in a transition phase of
the implementing agencies
• Regarding institutional arrangements, it was found that
the promotion of human rights of adolescents is mostly
fulfilled by social policies carried out for adolescents in
general in the municipalities.
Results
• The lack of knowledge regarding specific Social Policies
related with Socioeducational mesuares are related to
poor planing and poor quality of services.
• The fragil integration between the net of Guarantee of
Rights System and Social Protection Services contribute
to bureacratization of services interving in the quality of
the services
• In the absence of clear references, the socioeducational
pourposes of the measures tend to be substitute by plain
punitive sense in interventions, that lack of sense for the
needs of adolescents
• Proposals – strengthen programs in the network system
of guaranteed rights; training of professionals and
managers; listening to the adolescents – they have much
to propose
REFERÊNCIAS
BARDIN, L. Análise de conteúdo. Rio de Janeiro. Edições 70, 1977.
BRASIL. Estatuto da Criança e do Adolescente. Lei federal 8069/90.
BRASIL. Ministério do Desenvolvimento Social e Combate a Fome. Norma
Operacional Básica NOB/SUAS. Brasília, jul, 2005. Disponível em:
<http://www.congemas.org.br/NOBversaofinal.pdf>. Acesso em 03 mar. 2010.
CAO/IJ-Centro de Apoio Operacional das Promotorias de Justiça da Infância e da
Juventude. Apontamentos sobre a política socioeducativas segundo as
diretrizes. Estabelecidas no Estatuto da Criança e do Adolescente,MINAS
GERAIS, 2008.
SARAIVA, João Batista da Costa. Adolescente em conflito com a lei: da
indiferença à proteção integral: uma abordagem sobre a responsabilidade
penal juvenil. 3. ed. Porto Alegre: Livraria do Advogado, 2009
REFERÊNCIAS
SIMÕES, Carlos. Curso de Direito do Serviço Social. São Paulo: Cortez, 2007.
SISTEMA NACIONAL DE ATENDIMENTO SÓCIOEDUCATIVO SINASE. Secretaria Especial dos Direitos Humanos. Brasília: CONANDA,
2006.
OBRIGADA!
Thank you
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