Function of the penalty versus purpose of the socio-educational measure: approximations and withdrawals

• Grant number: 17/16677-0
• Support Opportunities: Scholarships in Brazil - Post-Doctoral
• Start date: December 01, 2018
• End date: November 18, 2019
• Field of knowledge: Applied Social Sciences - Law - Special Rights
• Principal Investigator: Maira Rocha Machado
• Grantee: Maíra Cardoso Zapater
• Host Institution: Escola de Direito de São Paulo. Fundação Getúlio Vargas (FGV). São Paulo , SP, Brazil

Abstract

The socio-educational measure is the legal sanction arising from the practice of an infraction by adolescents, which, as it is not classified as a penalty, is not extinguished by the time of sentence determined in the conviction, but by "fulfillment of its purpose", under the terms of article 46, II, of National Socio-Educational System Law (SINASE). The purpose of socio-educational measures, in turn, is set forth in article 1, paragraph 2 of the SINASE Law, and is described as the combination of the responsibility and social integration of the adolescent to the disapproval of the infraction conduct. The present project proposes to investigate the processes of execution of socio-educational measures concluded on the basis of "fulfillment of purpose", with the objective of investigating empirically the theoretical question about the legal nature of the socio-educational measure, which has been debated by scholars from the beginning of the year 2000, in order to undertake a conceptual construction on the theme, elaborated from the observation of its approximations and withdrawals from the sentences of adults, adding a new element to a discussion that, at least in the area of Law, has been generally restricted to the theoretical field.