A criança autora de ato infracional - as medidas de proteção e o conselho tutelar - um debate para o campo psicanalítico / Child offender - protective measures and protection authorities - a discussion toward psychoanalytic area

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

05/08/2011

RESUMO

This paper aims at discussing the matter of child offender and the application of protective measures by child protection authorities in São Paulo-SP and, with that, aims to bring contributions for the implementation of these measures. To apprehend the current context of these measures, the emergence of child protection authorities and child offenders situation, makes a historical survey on the subject. Further, it presents a theoretical research within legal landscape on the concepts of act of infraction, socioeducational measures and protection applied by justice and child protection authorities, respectively, in these cases. Qualitative research field is the core of this work. Listening child protective authorities, aiming to understand their experiences in care and management on these cases, articulates a number of questions such as attribution or not of act of infraction committed by children, the understanding of protection measures as guarantees or restriction of the rights and the matter of competence in these situations. To conclude the first part of the work, these questions are developed, in which it extracts the research hypothesis: what is the place of child offender under protective measures?. Through this questioning, conjecture that it is the child who is between the guarantee and the restriction of rights, which forges the notion of \"out-of-place\". Forward to a conceptual articulation about places of discourse in psychoanalysis, clarifies childs places as a subject in the four discourses proposed by Jacques Lacan and the child conception. Finally, discusses child offender under protective measures through the theoretical arguments of the capitalist discourse and the notion of symbolic law in psychoanalysis

ASSUNTO(S)

children criança guardianship infração disciplinar infraction disciplinary jacques lacan (1901-1981) menor minor psicanálise e direito tutela psychoanalysis and law

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