Discursos e práticas em processos de acolhimento institucional: um estudo psicossocial
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Data
2023-04-28
Autores
Lindinger, Luciana
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Universidade Federal do Espírito Santo
Resumo
It was not until the Federal (“Citizen”) Constitution of 1988 that children and adolescents have quit being segmented and called ‘minors’ by those whose duty was to intervene for them in the name of the State, due to their irregular and marginal condition. Those who were either under their parent’s care or dismissed state intervention were then the ones called children. Elevating minors to a ‘subjects of rights’ status while including them in such children’s condition of an object to State intervention was then a historic milestone. Such an achievement has gradually and historically taken place, marked by the socio-political-cultural context of each era. The performance of different subjects authorized to speak about this topic, because of their political and symbolic capital, added to the rise of civil society movements, once silenced by the military dictatorship that devastated Brazil for 21 years, has given a voice to such vulnerable ones. The research object at present is the Best Interest of children and adolescents under protective measures in the institutional care modality for over 18 months. Putting such a crowd under this type of measure usually requires a Court decision. Upon the 1992 Legal Statute of Children and Adolescents, a product of a Brazilian adherence to similar international agreements, both social practices and decisions made by professionals advocating for this group’s rights began to be ruled by the fundamental assumptions synthesized in the three following Principles: (1) Integral Protection; (2) Absolute Priority; (3) the Child’s Best Interest. The research aim was to investigate and analyze to what extent the sheltered children and adolescents’ principle of Best Interest is anchored to certain objects of social representation that guide social practices in the Law field. The methodological design consisted of a qualitative approach to documents of a descriptive-analytical nature, along with a theoretical triangulation of both data and method. This work has had supportive theoretical contributions from Serge Moscovici's Theory of Social Representations and Pierre Bourdieu's Field Theory. Data were made up of statistical material from the National Council of Justice and of judicial cases of children and adolescents sheltered in four counties in the countryside of the Rio de Janeiro state. Discourse Analysis and the Iramuteq software treatment were used in such data analysis. The “minor” terminology was evidenced in the speech of some legal agents, which refers to the old minorist legislation, as well as an evaluative remnant of the consanguineous family instead of the current family conception which also excels the affective bond. Regarding power relations in this legal field, whose hierarchy prevails, it is possible to notice the expression of those occupying the place of technical knowledge such as psychologists, social workers, and other professionals whose knowledge is added to the concrete case. The technical manifestations of the Court and institutional reception teams may guide the positions of prosecutors, public defenders, lawyers, and even judges’ decisions. Eventually, we conclude that the Best Interest of the Child Principle acts more as a damage’s reduction measure in the face of law-breaking than as to guarantee rights.
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Psicologia Jurídica , Representações Sociais , Análise do Discurso , Teoria de Campo , Medida Protetiva de Crianças e Adolescentes