Essa dissertação trata da relação entre o saber pedagógico e o governo dos adolescen-tes infratores. A partir da filosofia de Michel Foucault se investigará em um conjunto de arti-gos acadêmicos e opinativos- e de documentos governamentais quais são as novas práticas e concepções pedagógicas que surgiram na última década. Sabe-se que nos últimos anos o sis-tema de justiça juvenil brasileiro tem passado por grandes transformações, tanto no plano prá-tico quanto no teórico. O objetivo do trabalho é saber o que se passou durante esse período de reforma da instituição de responsabilização juvenil e se esse processo tornou o atendimento aos adolescentes infratores mais eficaz do ponto de vista da gestão da criminalidade juvenil. Inicialmente expõem-se alguns debates teóricos importantes para a justiça especial dispostas no Estatuto da Criança e do Adolescente. Trata-se então, da relação entre direito e poder a partir da análise dos argumentos expostos no debate acerca da redução da maioridade penal. Apresentam-se na sequência as diversas forças que habitam as instituições socioeducativas. Em seguida, vê-se como as práticas jurídicas e processuais tendem a limitar a ação governa-mental, proscrevendo-lhe regras de não intervenção. Por fim expor-se-á as práticas de atendi-mento, ressaltando terapêuticas e as práticas limitativas. Conclui-se que é o modelo de justiça penal mínima que melhor desenvolveu as aspirações educativas do ECA. Que, apesar de ter alcançado bons resultados, esse modelo concorre com muitas das forças reminiscentes do mo-delo anterior. / This essay studies the relationship between education knowledge and the juvenile justice sys-tem in Brazil. Based on the work of Michael Foucault, a selection of articles, government papers and academic publications is investigated in order to acknowledge the education prac-tices and techniques that arouse in the last decade. Brazilian juvenile justice system went through major transformations in recent years, both in the theoretical and practical fields. The goal of this research is to recognize the key transformations that took place in this period and learn if the process did or did not improve government\'s assistance towards young offenders. It starts with some theoretical debates relevant for the juvenile justice system, followed by the analysis of the relationship between law and power contained in the arguments exposed in the reduction of criminal age\'s debate. Numerous forces dwelling the country\'s juvenile justice institutions are presented. The following part analysis how legal and procedural practices tend to limit government interference, prescribing it rules of non intervention. It\'s understood that the criminal justice model of minimal intervention is the one that better developed ECA\'s ed-ucational aspirations. Despite achieving satisfactory results, this model still competes with many reminiscent forces of it\'s predecessor model.

Submitted by isabela.moljf@hotmail.com (isabela.moljf@hotmail.com) on 2017-07-04T10:48:43Z No. of bitstreams: 1 ellencristinacarmorodrigues.pdf: 792078 bytes, checksum: 55766d6aa08524de93d7f011f7d93047 (MD5) / Approved for entry into archive by Adriana Oliveira (adriana.oliveira@ufjf.edu.br) on 2017-08-08T13:28:58Z (GMT) No. of bitstreams: 1 ellencristinacarmorodrigues.pdf: 792078 bytes, checksum: 55766d6aa08524de93d7f011f7d93047 (MD5) / Made available in DSpace on 2017-08-08T13:28:58Z (GMT). No. of bitstreams: 1 ellencristinacarmorodrigues.pdf: 792078 bytes, checksum: 55766d6aa08524de93d7f011f7d93047 (MD5) Previous issue date: 2010-04-22 / A presente dissertação investiga a reação político, jurídica e social frente à conduta de crianças e adolescentes em conflito com a lei. O estudo analisa a vinculação do comportamento juvenil fora dos padrões normais à delinqüência, e a relação entre tais associações e a organização da Justiça Juvenil. Procurou-se investigar como este sistema de justiça foi organizado de forma diferenciada, a depender da classe social dos destinatários. Para tanto, foram estudadas as fases percorridas pela Justiça Juvenil no Brasil, relacionando-a com a experiência de outros países. Busca-se demonstrar, empiricamente, a partir do sistema sócio-educativo da comarca de Juiz de Fora (MG), no período de junho/2008 a dezembro/ 2009, as conseqüências de tais processos em relação ao cenário atual, definido pelo ECA (Estatuto da Criança e do Adolescente). Após a revisão de teóricos nos campos das ciências sociais e do direito, pretende-se discutir que as questões atuais propostas, ao contrário de garantirem a proteção e ressocialização dos jovens, podem contribuir ainda mais para a punição seletiva dos adolescentes infratores oriundos das classes populares. / This dissertation investigates the political, legal and social reaction concerning the management of children and adolescents in conflict with the law. It examines the linking of youth behavior outside the normal patterns of delinquency, and the relationship between such associations and the organization of Juvenile Justice. We sought to investigate how this system of justice was organized differently, depending on the social class of recipients. For this, we studied the phases covered by the Juvenile Justice in Brazil, linking it to the experience of other countries. It also demonstrates empirically, taking into consideration the social-educational system of the district of Juiz de Fora (MG), from June/2008 to December, 2009, the consequences of such processes in relation to the current scenario, defined by the ECA ( Statute of Children and Adolescents). After examination of studies in the fields of social sciences and law, we intend to discuss the issues that current proposals, as opposed to ensuring the protection and rehabilitation of youth, may further contribute to the selective punishment of young offenders from the popular classes.

Masters in Public Administration - MPA / The aim of this study was to critically examined the juvenile justice system with regard to the theory of restorative justice as a better alternative to the punitive system that recognizes the rights of children as human rights is in line with the convention on the rights of the child. This research looked at punishment as a penal option, which the court imposes on a person for committing a crime. By means of a case study with regards to the One Stop Youth Justice Centre in Port Elizabeth, this study argued that the restorative method of dealing with youth offenders is a better alternative in contrast to the punitive system. / South Africa

Research suggests that there still exists a disproportionate number of Black males who have contact with juvenile justice systems across this nation (Nance, 2016). The disproportionate placement of students of color, specifically, Black American males in alternative schools, serves as the gateway to the school-to-prison-pipeline (Pelzer, 2012). This study examined the lived educational experiences of two Black American juvenile males, who enrolled in an alternative school in the Southeast. This study incorporated phenomenological and narrative methods and provides rich, descriptive analyses of the participants’ experiences while attending an alternative school. Findings from this study revealed instability among the participants’ home life and education, encounters with law enforcement and an early age, varying experiences attending an alternative school, and feelings of uncertain hope displayed by the participants regarding their future lives.

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The criminal justice system relies heavily on eliciting truthful information from suspects to solve crimes. A paramount problem with this approach involves the questioning of young suspects. Numerous studies support the conclusion that youth is a risk factor for providing false information during police questioning. The present study examined the influence of temporal discounting (the tendency for individual’s behavior to be influenced more strongly by proximal than distal factors; Berns, Laibson, & Loewenstein, 2007; Critchfield & Kollins, 2001) and other developmental factors (i.e., impulse control, future orientation, and sensation seeking) thought to underlie youths’ increased interrogative vulnerability. In line with previous research examining developmental differences in confession decisions, it was predicted that youth would be more likely than adults to provide false admissions to escape the immediate consequences of the situation. Furthermore, it was predicted that youth demonstrating lower impulse control, deficits in future orientation, and increased sensation seeking would be most likely to engage in this tendency. Using a randomized experimental design 205 adult and youth participants were questioned about their engagement in 20 criminal and unethical behaviors. Participants were told responding “yes” or “no” to these questions would have either immediate consequences (i.e., answering a series of repetitive questions) or future consequences (i.e., meeting with a police officer in a few weeks). Analyses revealed evidence of temporal discounting: Participants provided more admissions when denials, rather than admissions, were punished with immediate consequences. Contrary to hypotheses, age, impulse control, future orientation and sensation seeking did not moderate this relationship. Similarly, hypotheses regarding the relationship between age group, impulse control, and future orientation were unsupported. Compared to adults, adolescents did not exhibit less impulse control or future orientation. The current study was the first to experimentally examine factors thought to underlie youths’ increased proclivity to provide false information in interrogation. Justice system involved youth may differ from youth in the current study in key ways that help explain the lack of support for study hypotheses. Because of these differences, it is imperative that future research focuses on youth who are most at risk of encountering the justice system as suspects.

The increased incidence of children committing crime and the realisation that the existing legislature dealing with offenders failed to cater for the rights and needs of child offenders gave rise to the introduction of the Child Justice Act 75 of 2008. This Act enables the South African criminal justice system to deal with children in a manner appropriate to their developmental stage. One of the initiatives introduced by the Act is termed ‘diversion’, where children are diverted from the criminal justice system into restorative developmental programmes, offered by organisations such as NICRO (National Institute for Crime Prevention and the Reintegration of Offenders). Their parents or guardians are tasked with the responsibility of monitoring their compliance with the diversion order in terms of Section 24(5) of the aforementioned Act. The monitoring responsibility assigned to the parents of diverted adolescents prompted the research question and aim of this study, namely to explore parents’ experiences in monitoring their adolescents’ compliance with diversion orders and to identify service needs in supporting parents in fulfilling their role as stipulated in the Act. This was a qualitative study that was exploratory-descriptive and contextual in nature. A non-probability purposive sampling technique was employed to identify the parents or guardians of adolescents aged 14 to 17 years that had been diverted to NICRO between June 2011 and June 2012. Individual semi-structured interviews were conducted with the selected parents, and the data collected was analysed using thematic data analysis. The trustworthiness of the research process and the findings was enhanced by employing a variety of data verification strategies. This research contributes to a greater understanding of parents’ monitoring experiences of their adolescents’ compliance with diversion orders. The study revealed that most parents experienced their role as an additional responsibility; they needed access to counseling and information on the child justice process.

The Child Justice Act 75 of 2008 has brought about some new elements in the South African Criminal Justice system in cases involving children in conflict with the law. The changes require that children in conflict with the law should be treated differently from adult accused persons. The Act is now regarded as a Criminal Procedure for children in conflict with the law. In other words the emphasis is on ensuring that children are diverted away from the formal Criminal Justice provided that children acknowledge responsibility. One of the elements that is introduced by the Act is the Preliminary Inquiry that is an informal, pre- trial procedure that must be held in respect of every child that is alleged to have committed an offence. The role of the Presiding Judicial Officer is very active during this stage because he is the one that takes charge of the proceedings and the role of the Prosecutor and the Legal Representative is very minimal. The purpose of the Preliminary Inquiry is in the main to determine whether a child in conflict with the law could be diverted if the provisions of section 52 (1) of the Act are complied with. Preliminary Inquiry if properly used will have possible benefits for the South African Criminal Justice system in that cases involving children will be timeously be finalised and the turn around time for criminal cases in general will possibly improve. Same will translate in the confidence of the citizens being improved in the Justice system. The second element that is introduced by the Act is formalised diversion into the Criminal Justice System. Diversion had for a number of years before the coming into operation of the Child Justice Act been used in South Africa but it was informal. The diversion that is envisaged by the Act is restorative in nature in that the Act seeks to involve the child offender, the victim, the community members to collectively identify and address harms, needs and obligations through accepting responsibility, making restitution, taking measures to prevent recurrence of the incident and promoting reconciliation. Restorative Justice is not a new invention in the South African legal system it is a return to traditional patterns of dealing with conflict and crime that had been present in different cultures throughout human history. Restorative Justice has been understood as Ubuntu in the African context. The Truth and Reconciliation Commission demonstrated the benefits of restorative justice in dealing with conflicts that had a potential of setting the country alight. Restorative Justice has evolved in South Africa throughout different historical epochs up to the current legal conjuncture. It has now been endorsed with success in precedent setting cases in the High Courts of the Republic and the Child Justice Act has now fully institutionalised it into the Criminal Justice system. One hopes that it will be extended beyond cases involving children in conflict with the law but to adult accused persons. Various pieces of legislation attempt to endorse the principles of restorative justice but are not as comprehensive as the Child Justice Act. There are 4 instances where a matter may be diverted in terms of the Act: (i) By a Prosecutor in terms of section 41; (ii) Diversion at Preliminary inquiry; (iii) Diversion before the closure of state case at trial; (iv) At any time during trial but before judgement. There are 2 diversion options that are provided by the Act that is level one diversion option in respect of schedule 1 offences and level 2 diversion options in respect of schedule 2 and 3 which are much more serious. The Act further entrenches Family Group Conference as well as Victim Offender Mediation which are restorative justice mechanisms. The legal consequences of diversion are that when the child has successfully complied is equivalent to an acquittal. The last element is the multi sectoral approach to crime fighting in that all role players should work together in dispensing justice to children in conflict with the law. The days of working in silos are now over because everybody has a role to play and there has to be collaboration at all levels. The Act entrenches the public private partnerships particularly in helping to rehabilitate and reintegrate children to society. The Act provides for the establishment of One Stop Child Justice Centres. The purpose is to promote cooperation between government departments, non governmental organisations and civil society to ensure integrated and holistic approach in the implementation of the Act. The Act further provides for the development of the National Policy Framework by the Departments of Justice and Constitutional Development, Social Development, Correctional Services, South African Police Services, Education and Health within 2 months of the commencement of the Act. The purpose is to ensure uniform, coordinated and cooperative approach by all government departments, organs of state and institutions in dealing with matters of child justice and enhance service delivery. This study seeks to examine the innovations brought about by the Child Justice Act into the South African Criminal Justice System. The study further explores the possible benefits that may accrue to the Criminal Justice System because of Preliminary Inquiry, Restorative Justice and the Multi Sectoral Approach to crime.

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