Medidas socioeducativas e desigualdades sociais: uma breve análise crítica da aplicação e eficácia no contexto brasileiro

Abstract

The article analyzes the historical evolution of Brazilian legislation regarding the criminal responsibility of children and adolescents, from the Imperial Criminal Code of 1830 to the Child and Adolescent Statute (ECA) of 1990. Initially, adolescents in conflict with the law were treated with punishments similar to those of adults, but over time, social and political changes led to the formulation of norms more focused on the protection of young people's rights, advances that were only achieved in the 1990 with the ECA. However, these achievements faced adverse circumstances that limited them, as we discuss in the period from 2011 to 2022, marked by governments with different political orientations. Socio-educational measures emerged as differentiated responses for adolescents who committed infractions, with the goal of promoting their social reintegration and ensuring their rights, although the implementation still faces challenges related to infrastructure and institutional resistance.