O direito à convivência familiar e comunitária de adolescentes em privação de liberdade nas unidades do Departamento Geral de Ações Socioeducativas do Estado do Rio de Janeiro (DEGASE): discursos e práticas no contexto da pandemia de Covid-19

Abstract

This study addresses the right to family and community life of adolescents deprived of their liberty in the General Department of Socio-Educational Actions of the State of Rio de Janeiro (DEGASE-RJ), based on the analysis of practices and discourses adopted during the Covid-19 pandemic (2020-2023). It highlights the invisibility and denial of the problematic situation: oppression, violence, pain and suffering faced by adolescents and their families, most of whom are black, poor and from peripheral areas. It relates this reality to the historical context marked by social injustice since the colonization of Brazil, with the enslavement of black people, without access to their rights, public policies or social reparations since then. It aims to critically analyze and understand this process, considering the theoretical basis of international and national legislation on the rights of children, adolescents and their families, based on the struggles for Brazilian democracy, expressed in the Federal Constitution (1988), culminating in the ECA (1999), SINASE (2006-2012), National Plan for the Promotion, Protection and Defense of the hights of Children and Adolescents in Family and Community Life (PNCFC, 2006), articulated with the PNAS (2004), the NOB/SUAS (2005), among others. These struggles are strengthened by the articulations and Movements of Mothers and Families for the end of violence and for access to Human Rights. It uses extensive bibliographical research through historical genealogical analysis, mainly from the perspective of Foucault and social theorists such as Esther Arantes, Silvio Almeida and Nivia Barros. It sheds light on the scenario of structural and institutional racism expressed by the ongoing bonds of slavery in the socio-educational system, imposing itself on adolescents deprived of liberty and their families and aggravated by the context of the pandemic. Identified in the qualitative analyses of the discourses and practices of the field research, using as a research resource the holding of Conversation Circles, Family Care Forums and semi-structured interviews, with the participation of families and their representative Associations, a team of socio-educational professionals and managers. It is possible to perceive that the full right to family and community life has not yet happened, despite the advances in legislation, the achievements of social movements of mothers and families, the ongoing implementation of the Family Care Program through the Family Care Center (NUAF)/DEGASE-RJ and the Permanent Family Care Forums at DEGASE. This dissertation defends the relevance of fulfilling this right and constructing Public Policies for Families of Adolescents in Socio-Education.