O Que é Socioeducação? Uma Proposta de Delimitação Conceitual

2018 ◽  
pp. 71
Author(s):  
Eliseu De Oliveira Cunha ◽  
Maria Virgínia Machado Dazzani
Keyword(s):  
Justice System ◽  
Juvenile Justice System ◽  
Early Years ◽  
Educational Strategies ◽  
Educational Processes ◽  
The World ◽  
Theoretical Paper ◽  
The Law ◽  
Criminal Behaviors ◽  
The Individual

O termo “socioeducação” vem sendo amplamente utilizado no Brasil já há algumas décadas, especialmente, no terreno das tecnologias de atendimento a adolescentes em conflito com a lei. Todavia, parece não haver muita clareza em relação a que, precisamente, tal termo se refere, ao que se conclui que esse ainda carece de consistência conceitual. Este artigo teórico tem por escopo brindar a comunidade socioeducativa com uma proposta de delimitação conceitual para o termo, partindo do prescrutamento do percurso histórico do qual ele é tributário, bem como da análise crítica de sua utilização na legislação e na literatura. Tal perquirição histórico-legal conduziu à descoberta de que, no início do século XX, a compreensão de que, em seus anos iniciais, o indivíduo é mais suscetível à instrução e à correção adentrou o sistema de justiça juvenil, favorecendo a tese de que os menores infratores deveriam ser, em vez de punidos, reabilitados socialmente, por meio da educação. Desde então, uma intencionalidade corretora de condutas delitivas juvenis, mediante estratégias educativas, tem se alastrado pelo mundo, sob vários rótulos. Entende-se que a socioeducação é a versão brasileira e atualizada desse intento. Ela compreende os processos educativos direcionados aos adolescentes em conflito com a lei visando a não reincidência infracional. O estudo oferece uma contribuição ao desenvolvimento teórico da temática.Palavras-chave: Socioeducação. Definição. Conceituação. Medidas Socioeducativas. Adolescentes em Conflito com a Lei.AbstractThe term “socioeducation” has been widely used in Brazil already for some decades, especially in the area of care technologies for adolescents in conflict with the law. However, it seems that there is not much clarity about what it refers to, thus we conclude that it still lacks conceptual consistency. This theoretical paper aims to provide the socio-educational community with a proposal of conceptual delimitation for the term, starting from the historical route persecution from which it is tributary, as well as the critical analysis of its use in legislation and literature. This historical-legal perquisition led us to the discovery that in the early twentieth century the understanding that in the early years the individual is more susceptible to instruction and correction came in the juvenile justice system, favoring the thesis that minors offenders should be, rather than punished, socially rehabilitated through education.Since then, an intentionality of to correct juvenile criminal behaviors through educational strategies has spread around the world under several labels. We understand that socioeducation is the Brazilian updated version of this attempt. It refers to educational processes directed at adolescents in conflict with the law aiming at non-recurrence of infraction. The study offers a contribution to the topic theoretical development.Keywords: Socioeducation. Definition. Conceptualization. Socioeducative Measures. Adolescents in Conflict with the Law.

Appropriating Law in Harriet Beecher Stowe's Dred

2007 ◽  
Vol 62 (3) ◽  
pp. 380-406 ◽  
Author(s):  
Laura H. Korobkin
Keyword(s):  
North Carolina ◽  
Legal System ◽  
Slave System ◽  
Personal Beliefs ◽  
Great Dismal Swamp ◽  
Dismal Swamp ◽  
The World ◽  
The Law ◽  
The Many ◽  
The Individual

This essay investigates Harriet Beecher Stowe's interpolation of State v. Mann, a harsh 1829 North Carolina proslavery decision, into her 1856 novel Dred: A Tale of the Great Dismal Swamp. The essay argues that Stowe's use of State v. Mann continues a conversation about slavery that had been carried on through its text for many years in abolitionist writings. Bringing State v. Mann's circulation history into view shows Stowe engaging the antislavery establishment as well as the legal system, borrowing and imitating its techniques for handling proslavery materials. If her novel is infiltrated and structured by the many legal writings that it assimilates, its fictive world in turn infiltrates, interprets, and alters the significance of the writings she employs, so that proslavery legal writings are made to testify strongly against the slave system that they originally worked to maintain and enforce. Stowe's hybrid text dominates the law while smoothly assimilating it into an interpretive fictive context. Simultaneously, Stowe's typographical cues remind readers of State v. Mann's ongoing, destructive extratextual legal existence. By linking fictive context to legal content, Stowe's novel suggests that slave law must be read and interpreted as a unit that includes the individual suffering it imposes. Misreading State v. Mann as revealing its author's belief in the immorality of slavery, Stowe constructs a fictional judge who upholds slave law despite his personal beliefs. By absorbing, imitating, and besting the strategies and the reach of both legal and abolitionist writings, Dred implicitly stakes a claim for the superior power of political fiction to act in the world.

scholarly journals Penegakan Hukum Pidana Terhadap Anak Yang Terjerat Perkara Pidana Melalui Diversi (Studi Di Polrestabes Medan)

2020 ◽  
Vol 3 (1) ◽  
pp. 78-84
Author(s):  
Akalafikta Jaya ◽  
Triono Eddy ◽  
Alpi Sahari
Keyword(s):  
Criminal Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Criminal Liability ◽  
Criminal Case ◽  
Criminal Cases ◽  
Criminal Convictions ◽  
Criminal Offenses ◽  
The Law

In the past, the punishment of children was the same as the punishment of adults. This causes the psychological condition of children ranging from investigation, investigation and trial to be disturbed because it is often intimidated by law enforcement agencies. Under these conditions, Law No. 11 of 2012 concerning the Juvenile Justice System was born. One of the reforms in the Child Criminal Justice System Law requires the settlement of a child criminal case by diversion. Based on the results of research that the conception of criminal offenses against children in conflict with the law in Indonesia is different from criminal convictions to adults. Children are given the lightest possible punishment and half of the criminal convictions of adult criminal offenses. That criminal liability for children who are ensnared in a criminal case according to the Law on the Criminal Justice System for Children is still carried out but with different legal sanctions from adults. Criminal imprisonment against children is an ultimumremedium effort, meaning that criminal imprisonment against children is the last legal remedy after there are no other legal remedies that benefit the child. That the concept of enforcement of criminal law against children caught in criminal cases through diversion is in fact not all have applied it. Some criminal cases involving children as the culprit, in court proceedings there are still judges who impose prison sentences on children who are dealing with the law.

The Rights of Children in Conflict with the Law in Ghana

2011 ◽  
Vol 19 (2) ◽  
pp. 271-293 ◽  
Author(s):  
Robert Kwame Ame
Keyword(s):  
Juvenile Offenders ◽  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Female Circumcision ◽  
Policy And Practice ◽  
Daunting Task ◽  
Female Children ◽  
The Law ◽  
Key Questions

AbstractIn a country where implementing children's rights in general remains a major challenge, the idea of according rights to children in conflict with the law can be a daunting task. With too many other children's problems to deal with such as the millions of street children and child laborers, female circumcision, and sexual violence against female children, the needs and rights of juvenile offenders could easily be relegated to the bottom of the government's priorities for children. Nonetheless, by virtue of ratifying the UNCRC in 1990, Ghana has made a commitment to address the needs and respect the rights of children in Ghana including its juvenile offenders. Thirteen years after ratifying the CRC, the Ghanaian Parliament passed the Juvenile Justice Act 2003 (Act 653). What rights does the Act accord children in conflict with the law? Do the policies and practices of the new juvenile justice system measure up to the standards of the Convention? These are the key questions addressed in this paper. The paper concludes that vis a vis the CRC, the new Juvenile Justice Act looks good on paper but argues that there is a colossal gap between policy and practice. The paper ends with suggestions on how to effectively protect the rights of children in conflict with the law.

A comparative study of measures for children in conflict with the law in Goa and Singapore

2009 ◽  
Vol 52 (3) ◽  
pp. 313-326 ◽  
Author(s):  
Murli Desai
Keyword(s):  
Juvenile Justice ◽  
Comparative Study ◽  
Justice System ◽  
Juvenile Justice System ◽  
Similarities And Differences ◽  
The Law

English This article aims to compare the measures undertaken for children in conflict with the law in terms of strengths and gaps and similarities and differences, together with profiles of children who enter the juvenile justice system in a progressive state of India, namely Goa, and Singapore. French Cette article vise à comparer les mesures prises pour les enfants en conflit avec la loi en termes de forces et manques, ressemblances et différences, ainsi que le profil des enfants entrants dans le système de justice des mineurs dans un état progressiste de l’Inde, en l’occurrence Goa, et Singapour. Spanish Este artículo compara las medidas tomadas para tratar a los niños en conflicto con la ley en términos de fortalezas y vacíos y similitudes y diferencias, y también el perfil de los niños que ingresan al sistema de justicia juvenil en el estado progresivo de India (Goa) y Singapur.

scholarly journals Pendidikan Kewirausahaan Bagi Anak Didik Pemasyarakatan Di Lembaga PEMLPKA Khusus Anak Kelas II Jakarta

2021 ◽  
Vol 1 (4) ◽  
Author(s):  
Muhammad Irsyad Firdaus ◽  
Mahdi Adriansyah ◽  
Moh Jamaluddin ◽  
Irfan Sudarso Gultom ◽  
Nadya Fairuza
Keyword(s):  
Criminal Justice ◽  
Juvenile Justice ◽  
Criminal Justice System ◽  
Justice System ◽  
Juvenile Justice System ◽  
Entrepreneurial Education ◽  
The Law

Pelaku tindak pidana tidak hanya dilakukan oleh orang dewasa, melainkan anak-anak juga dapat melakukan tindak pidana. Mengenai pengertian anak-anak yang melakukan tindak pidana atau yang berkonflik dengan hukum diatur dalam Undang-Undang Nomor 11Tahun 2012 tentang Sistem Peradilan Pidana Anak. Dalam UU No 11 Tahun 2012, anak yang divonis bersalah dalam sistem peradilan anak mendapatkan pembinaan di LPKA. Salah satu pembinaan yang penting bagi anak sebagai bekal hidup ketika kelak kembalike masyarakat maka anak didik    penting mendapatkan pendidikan kewirausahaan melalui program pembinaan di LPKA.Kata Kunci: Pendidikan Kewirausahaan, Anak Didik, LPKACriminals are not only committed by adults, but children can also commit criminal acts. Regarding the understanding of children who commit criminal acts or who are in conflict with the law regulated in Law No. 11 of 2012 concerning the Children's Criminal Justice System. In Law No. 11 of 2012, children convicted in the juvenile justice system get coaching at LPKA. One of the important coaching for children as a provision of life when later returned to the community then important students get entrepreneurial education through a coaching program at LPKA.  Keywords: Entrepreneurial Education, Protege, LPKA

scholarly journals PENDEKATAN RESTORATIF DALAM PENJATUHAN SANKSI TINDAKAN BAGI ANAK YANG BERKONFLIK DENGAN HUKUM

2019 ◽  
Vol 2 (2) ◽  
pp. 129-143
Author(s):  
Citra
Keyword(s):  
Law Enforcement ◽  
Justice System ◽  
Character Development ◽  
Law Enforcement Officers ◽  
Early Age ◽  
Legal Research ◽  
Criminal Offenses ◽  
The World ◽  
The Future ◽  
The Law

Children are the next generation of the nation, the existence of children is very important because the child is a potential fate of the nation as well as a mirror attitude of life of the nation in the future. A child who is a superior seed and has the widest hope to prepare for his future as a milestone of success of a nation in the future should not fall in the world of evil. It is unfortunate that children at an early age have been involved in criminal offenses and past their youth behind bars, increasingly contaminated with other inmates. This research was empirical legal research, that is the research on the provisions of the legislation in the national law concerning restorative approach in the imposition of action sanctions against children in conflict with law in order to keep children away from imprisonment and negative stigma in society . Addressing the issue of a child in conflict with the law should be done in a familial approach and avoiding children from prison as much as possible. The sanction of action for the child contained in Article 82 of Law Number 11 of 2012 on Criminal Justice System for Children expected to prevent the child from the negative stigma in society and keep the children from bad effects of prison. Thus the current restorative model of punishment is more applicable in handling child offenders. It is expected that law enforcement officers to pay attention to the provisions of the rules that apply to children in conflict with the law in terms of imposition of more sanctions toward education and character development of children so that the threat of imprisonment becomes the last alternative in imposing sanctions for children

scholarly journals Model Of Punishment: Juvenile Justice Systems

2021 ◽  
Vol 3 ◽  
pp. 35-56
Author(s):  
Rafika Nur ◽  
Handar Subhandi Bakhtiar ◽  
Nurul Miqat ◽  
Darmawati Darmawati ◽  
Mustawa Mustawa
Keyword(s):  
Juvenile Justice ◽  
Justice System ◽  
Juvenile Justice System ◽  
Special Treatment ◽  
Criminal Sanctions ◽  
Two Systems ◽  
The Law ◽  
Justice Systems ◽  
Special Rights

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law.  This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.

scholarly journals The Life Changer: Social Workers in Rehabilitation Facilities for Child in Conflict with the Law

2021 ◽  
Vol 11 (1) ◽  
pp. 33-44
Author(s):  
Mark Erana Patalinghug
Keyword(s):  
Social Workers ◽  
Justice System ◽  
Phenomenological Study ◽  
Juvenile Justice System ◽  
Negative Experiences ◽  
Special Services ◽  
Productive Activities ◽  
The Social ◽  
Rehabilitation Facilities ◽  
The Law

Delinquent minors are offered special services intended to prevent them from entering the juvenile justice system. Through productive activities, delinquents are trained to acquire socially acceptable behavior with the help of social workers. This phenomenological study explored the social workers' experiences in handling juvenile cases. The study focused on 10 social workers from rehabilitation facilities of children in conflict with the law in the Zamboanga Peninsula Region, Philippines. The result of the study revealed that working with the juvenile's case, social workers have encountered positive and negative experiences. The study leads to the challenges and plight of social workers in their day-to-day activity in juvenile case management. As for how the participants coped with the challenges, they have been mentored and adjusted very well like their work. They also managed their challenges by viewing them as advocacy and service to humanity through altruistic activities.  

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