A internação de adolescentes no sistema socioeducativo brasileiro como medida de Estado de exceção

Abstract

The measure of imprisonment of juveniles resulting from the practice of infractions in the context of the Brazilian socio-educational system is the object of constant doctrinal debate, rather about its nature or its functionality. A first traditional position sees in the social-education a guaranteeing rationality of containing the state power to punish, and a second position sees it as an objective, a political program. Critical criminology, meanwhile, has seeing in this so-called socio-educational system the same hidden functionality of maintaining inequalities typical of the adult criminal system in the peripheral Latin American context. In this environment of doctrinal divergences, lies the question: is the imprisonment of youth in Brazil compatible with the democratic state or does it constitutes a state of exception? The research fallows the objective of evaluating the so-called Brazilian social-educational system from the perspective of the state of exception, through the perspective of Gioergio Agamben. The so-called Brazilian social-education is not in line with Ferrajoli's garantism, because it does not share with him the same functionality, but it interferes in the individual's internal sphere through the ideal of resocialization. The measure of juvenile’s imprisonment shows, still, in pragmatics, a real penalty, and the social-educational system integrates the punitive system as one of its species. Finally, the imprisonment of adolescents in Brazil reveals, not as a measure of law, but as a measure of state of exception, an escape from the law in the direction of the non-right, in a sophisticated legitimized arbitrariness.