Control of pedagogical socio-educational measures

Abstract

This article focuses on the socioeduca­tional measures contained in the Statute of Chil­dren and Adolescents. These measures apply to adolescents whose authorship remains of offense proven by telling process that tramite in Court of Childhood and Youth. It analyzes the ways of controlling the implementation of this measure, given that the Constitution of 1988 and the Statute of Children and Adolescents recommend its pedagogical nature. The legal doctrines found in the history of the relationship between the Brazi­lian state and people younger than 18 years until the entry into force of the current standards, with the welcome of the Doctrine of Integral Protection, never conceived this population as subjects of rights and guarantees. There are general characteristics of educative measures dating back to its pedagogical nature, all seated in the provisions of special legisla­tion in force. It talks about itself as an intermediary for the Provision of Community Service in order to exercise the pedagogical argument of this paper. Finally, positivized mechanisms will be outlined in the Child and Adolescent control and oversight of those measures, which pass through the review under Article 95 of the Statute of Children and Adolescents and the action of the Board of Rights of Children and Adolescents in Article 88, II to that Directive, here chosen as strategic roads to reach the pedagogical nature of these measureswi­thout prejudice to the procedural safeguard in the form of public civil action.