PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO GRANDE DO SULPONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO GRANDE DO SUL

SCHOOL OF SOCIAL WORK SCHOOL OF SOCIAL WORK

GROUP OF STUDIES AND RESEARCH IN ETHICS AND HUMAN GROUP OF STUDIES AND RESEARCH IN ETHICS AND HUMAN RIGHTS - GEPEDHRIGHTS - 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

CoordenaçãoProfa. Dra. Beatriz G. Aguinsky – PPGSS/PUCRS

Introduction

Previous researche(2009) = Previous researche(2009) = juvenile offenders deprived of juvenile offenders deprived of freedom - Rio Grande do Sul.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 CREAS-

Reference CenterSpecialized

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.

Uruguaiana

Porto Alegre

São LeopoldoNovo Hamburgo

Caixas do Sul

Pelotas

Santa Maria

Santo Ângelo

Passo Fundo

Included Municipalities: same that participated in previous research of Freedom Deprivation (2009).

Inclusion Criteria: see the Socioeducational System as a whole.

• 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

Sujeitos, Técnicas e Instrumentos

117 participants

Who are the adolescents in open environment services or programs?

Repeated offenses

LITTLE STUDY

SUBSTANCE ABUSE

Types of infractionsRobbery, theft,drug dealing,

injury

FAMILIESIN A SITUATION OF

SOCIALVULNERABILITY

Male

ADOLESCENTS

Program/Services and e the Rights Guarantee System

Little articulation = bureaucratization

of relations

“Our contact is always through letter, it has even

been discussed on the terms you may need to

meeting once a month with them, but was dropped

this proposal” Program Manager

Absence of Special Police Departments = institucional violence

‘’ 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

“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: SITUAÇÃO: Caxias do Sul NÃO São Leopoldo NÃO Novo Hamburgo NÃO Santa Maria SIM Santo Ângelo NÃO Passo Fundo SIM Uruguaiana SIM

Pelotas NÃO Porto Alegre NÃONo = 6; yes = 3

Responsible agencies

MUNICIPALITIES SITUATION:

Caxias do Sul 4 CRAS/CREAS

São Leopoldo 1 CREAS

Santa Maria 1 CREAS (PSC) + ONG (LA)

Santo Ângelo 1 ONG – transition for CREAS 2011

Passo Fundo 1 CREAS

Uruguaiana 1 CREAS

Pelotas 1 CREAS

Porto Alegre 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” Program 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)

“Some time ago I read the Sinase, the regulations do not remember, but I know its proposal” Program Manager

Educational sense of measure = replaced by punitive

“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

What adolescents have to suggest = think about what is

obvious and simple

“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 Municipalition of programs and services in open environment of juvenile offenders – RGS is in halfway = to environment of juvenile offenders – RGS is in halfway = to much to fullfill considering new Social Policies Landmarks much to fullfill considering new Social Policies Landmarks of SINASE and SUAS of SINASE and SUAS

- Beginning of this process = late 90’s and early 2000. 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

aguinsky@pucrs.br