JUDICIAL INTERVENTION IN FUNDASE/RN: SOCIO-PEDAGOGICAL ELEMENTS OR PUNITIVE?
sócio-education, punishment, prison, judicial intervention
This thesis intends to discuss the topic of socio-education in the state of Rio Grande do Norte, Brazil. Understanding that the socio-educational measures defined by the Statute of the Child and Adolescent (ECA) and the National System of Social Assistance (SINASE), are: obligation to repair the damage, assisted freedom, service to the community, semi-freedom and prison, it is intended to emphasize the most serious measure, that is, the prison. The choice in relation to this measure is justified because it reveals the expressions of class society, when the State focuses on the population most subordinated to capital in order to retaliate for its most fundamental rights by incarcerating it. In this way, knowing that the Fundação de Atendimento Socioeducativo do RN (FUNDASE) underwent a judicial intervention process that lasted five years, it is intended, as a general objective, to analyze this intervention that was imposed on FUNDASE. As specific objectives, it is intended to analyze the concept of socio-education in prison, based on the proposal for judicial intervention; investigate the socio-educational elements of the custodial measure provided for in the institutional documents produced during the judicial intervention and identify the punitive elements of the custodial measure provided for in the institutional documents produced during the said intervention measure. As a methodological strategy, documentary research will be used. All monitoring reports for the period of FUNDASE's judicial intervention will be analyzed, in addition to the institutional documents produced during this intervention measure. As a theoretical-methodological contribution, a discussion will be held on the concept of socio-education based on pedagogical theories inspired by popular education, as well as on critical criminological theories, which analyze the socio-historical conditions that lead the impoverished population to commit capitalist production crimes and suffer reprisals from the State, which imprisons them. The data analysis plan is presented with a focus inspired by Marxian theory and based on historical-dialectical materialism, understanding that, in the face of social research, it is necessary to consider the existing determinations behind the appearances of the social fact itself. Thus, when understanding SINASE as an advanced legislation, however contradictory from an epistemological and pragmatic point of view, these contradictions will be discussed within the scope of the prison sentence for adolescents, with questions about its role, at the same time, socio-educational and retributive, and accountable, but also punitive.