Sistema socioeducativo brasileiro:

uma ficção normativa não realizada

Abstract

When analyzing the historical evolution of the main doctrinal currents adopted by Brazil, concerning the treatment given to children and adolescents, we can see that the set of beliefs and values ​​in force in each period were, step by step, contrasted by new humanitarian ideals. In this sense, the narrative covered by the article shows that: a) The evolution of the doctrinal milestones does not happen in leaps, but rather gradually and as a result of the political disputes of each period; b) Despite the advances achieved by each evolution, remnants of the old paradigms remain latent, in an incessant dialectic that operates in the daily routine of societal and institutional relations; and c) That the low effectiveness of ECA and SINASE can be explained by the conceptual decontextualization and institutional decontextualization that take place during their implementation phase. In this perspective, the text begins with the intricacies of the elaboration of the international framework that took place in nineteenth-century Europe and its influence on our legislation. Next, it highlights the evolution of juvenile accountability laws in Brazil from the three main legal and doctrinal currents used by the Brazilian legislator (the DOCTRINE OF THE LAW OF THE MINOR, the DOCTRINE OF THE IRREGULAR SITUATION and the DOCTRINE OF INTEGRAL PROTECTION). some considerations about the insufficiencies and the bottlenecks of the current regulatory framework are presented in order to evidence them as an unrealized normative fiction, although necessary to the implementation of the desired new civilizational paradigms.