A medida protetiva de acolhimento e seu enquadre : uma análise a partir da teoria lacaniana dos quatro discursos

Abstract

The fostering system is configured as a practice that links the judicial field and the social assistance policy around families and their children whose rights were violated. This field is part of the Doctrine of Integral Protection, whose landmark is the Statute of Children and Adolescents. This Doctrine stands as a guarantor of universalized rights and protection for all children in Brazilian territory. However, there are situations inside the fostering system that do not seem to belong to such doctrine, as they resonate with authoritarianism, generalization and the target audience is concentrated on black and impoverish children and families. Faced with these questions, this dissertation asks: Which discursive structure(s) underlies the practice of the fostering children and adolescents system? To answer this question, we resorted to bibliographical research on the history of fostering practices in Brazil, guided by the non-progressive historicity of Walter Benjamin, supported by Freudian considerations and quantitative data from our own and others researches. As a theoretical guideline and analytical tool, we resorted to Lacan's theory of four discourses, which allows us to undertake an analysis of the reception practice from the presentation and discussion of cases taken as paradigmatic of the logic that operates in this field. By understanding that the practices of separation of children and their families reproduce the political relations of knowledge-power proper to the specific historical periods, it was highlighted as necessary a deepening in the historical roots of the present moment, articulating again bibliographic research and critical analysis of the data and cases presented. In our restricted democracy, the fostering system reproduces, within the integral protection, the authoritarianism and the deficit of democracy that we experience socially. We capture this structure in the oppressions created and managed by the capitalist and colonialist dynamics that participated in the constitution of Brazil. Its effects are felt in the fostering system by insistently affecting the same impoverished and/or black target audience. The forms of exclusion and oppression are produced by this structure which, in a second time, returns above families, individualizing and psychologizing these situations as a family matter. But these situations cannot be understood without a reference to the conflictive and unequal political and social context. Ideologically, the political and historical field that shapes the social tensions in which the alleged violation of rights takes place is hidden. It is concluded that the discourses of knowledge-power domination – master (and capitalist) and university – condition the practice and the legislation on the fostering system as authoritarianism through legal regulation and protocolization. Such discourses, while conditioning the fostering system and practice, keep out of the picture the truth of their support in colonization and capitalist dynamics.