O muro da escuta : o atendimento psi aos adolescentes privados de liberdade

Abstract

This research is a reflection about the work of the professionals (psychologists and psychoanalysts) who attend adolescents deprived of their liberty. Since the enactment of the Child and Adolescent Statute in 1990, Brazil is faced with a specific legal proposal to regulate State actions in relation to adolescents who commit infractions. The socioeducational measures are foreseen by the “Estatuto da Criança e do Adolescente (ECA)”, which treats, in addition to the rights of the child and the adolescent, the legal measures that may be applicable to the commission of an infraction by an adolescent. According to the ECA, "conduct described as a criminal offense or criminal offense is considered an infraction," and adolescents are those individuals who are between the ages of twelve and eighteen. Once verified the practice of the infraction act, the following socio-educational measures apply: Warning; Obligation to repair the damage; Provision of services to the community; Assisted freedom; insertion in a semi-freedom regime and caution in an educational institution. This study intends to investigate specifically the psi care of the adolescents in compliance with the custodial measure, the confinement measure, and will start from the context of the socioeducative care in the state of Minas Gerais. According to regulations and laws governing the implementation of socio-educational policy, the main objective of the socio-educational measure is the responsibility of the adolescent. The task of the psychologist within the institution would be, among others, to promote a reflection about the commitment of the infraction act and to help the adolescent to elaborate new answers, separated from the criminality. However, there are many crossings that affect the individual care of the adolescent, such as the selectivity of justice in Brazil, and the question of the construction of autonomy and responsibility in an environment where the adolescent is incarcerated. In the socioeducational system, as in the criminal system, the incidence of the law and the application of the socio-educational measure, analogous to the penalty for adult individuals, falls on black adolescents, the poor and the inhabitants of the suburbs.There is also a historical misconception that "confuses" punishment and protection to adolescents victims of some social vulnerability. In this way, the State often presents itself to these adolescents with their punitive face, having even violated their fundamental rights guaranteed by law. In the state of Minas Gerais, there is the possibility of cautious adolescents being cared for by services external to the institution, which operate in different spaces. This research intends to understand the adolescents' care in compliance with socio-educational measures in these services, and to verify possible similarities and differences between care inside and outside the institution. We will interview teenagers and professionals from both contexts to reflect on the role of these services from the perspective of the adolescent and the professionals, examining possible contradictions and paradoxes between the work of the psychologist and the psychoanalyst. We will also question the extent to which this work is consistent with the execution of the socio-educational measure of deprivation of liberty.