1. PONTIFÍCIA UNIVERSIDADE CATÓLICA DO RIO GRANDE DO SUL SCHOOL OF SOCIAL WORK GROUP OF STUDIES AND RESEARCH IN ETHICS AND HUMAN RIGHTS - GEPEDH Municipalization of programs and services in open environment of juvenile offenders in Rio Grande do Sul, Brazil. Work Group Paz Hummes, Alessandra; Giacomelli Henriques da Cunha, Liziane; Avila, Lisélen; Prado, Alessandra; da Silva Cunha, Debora Regina; Milani Leal, Graziela Coordenação Profa. Dra. Beatriz G. Aguinsky – PPGSS/PUCRS

2. Introduction Previous researche(2009) = juvenile offenders deprived of freedom - Rio Grande do Sul. New landmarks = Social Policies regulations SINASE/SUAS

3. Adolescents in conflict with the law: trajectory in the Justice System and Socio-Educational Services Youth offenders – till the age of 18 years Specialized Police Departmen for youth Prosecutors Office for the youth Juvenile Specialized Court Socio-educational Measures/ Art. 112 Executor Service - Organ of Social Protection Policy CREAS- Reference Center Specialized

4. What are the social and educational measures ? (art. 112 / ECA) Open environment social and educational measures I - warning; II - the obligation to repair the damage; III - services to the community - PSC; IV - probation - LA. Measures of freedom deprivation V – inclusion in a Program of partial freedom; VI – deprivation of freedom; VII – Protection measures of art. 101, I a VI. (BRASIL, 1990, p. 22).

5. Regarding munipalization: The open environment measures shall happen at the municipal level, in the community where adolescents live in order to strengthen family and community bonds Responsibility of the State or Federal Government = funding and / or technical support(SINASE, 2006); Municipalities should promote a municipal plan regardin socioeducationa measures for juvenile(SINASE, 2008).

6. Metodologia Different institutional arrangements of Programs/services in 9 cities Study of qualitative nature that also seek qualitative information that is quantifiable. The main techniques for collection, analysis and interpretation of data is documentary analysis, interviews, questionnaires and content analysis (BARDIN, 1977). Quantifiable information is treated with simple statistic method. Ethical Care - Approval of the Ethics Committee. All participants previously received information about research and about the voluntary nature of participation, signing consent form (TCLE).

7. Research Objectives Conduct a situational diagnosis regarding municipalized socio-educational measures in RS. Analyze how the municipalization of programs and services in open environment for juvenile offenders is being carried out, considering the interface between the parameters of SINASE e do SUAS.

8. Uruguaiana Porto Alegre São Leopoldo Novo Hamburgo Caixas do Sul Pelotas Santa Maria Santo Ângelo Passo Fundo Included Municipalities: same that participated in previous research of Freedom Deprivation (2009). Inclusion Criteria: see the Socioeducational System as a whole.

9. Adolescents: 42 participants. Interview based on a form; Managers of the Programs/services: 21 participants. Interview based on a form and use of a questionnaire ; Key informants System Guarantee of Rights: judge, prosecutor, defender, manager of policy, delegate and expert adviser to CMDCA= 54 participants. Interview based on a form and use of a questionnaire Sujeitos, Técnicas e Instrumentos 117 participants

10. Who are the adolescents in open environment services or programs? Repeated offenses LITTLE STUDY SUBSTANCE ABUSE Types of infractions Robbery, theft, drug dealing, injury FAMILIES IN A SITUATION OF SOCIAL VULNERABILITY Male ADOLESCENTS

11. Program/Services and e the Rights Guarantee System Little articulation = bureaucratization of relations Our contact is always through letter, it has even been discussed on the terms you may need to meeting once a month with them, but was dropped this proposal Program Manager Absence of Special Police Departments = institucional violence We miss the action of the police, the teens reported abuse by police. I do not know why she is not used, we have no contact with the delegated. Program Manager We dont have a specialized police, the teens are received by the police of adults, and many do not have the preparation, physical aggression occurs, threat, and generally they are handcuffed, which could not. It think the municipality fails. Ptrogam Manager

12. MUNICIPAL SOCIOEDUCATIONAL PLAN MUNICÍPIOS: SITUAÇÃO: Caxias do Sul NÃO São Leopoldo NÃO Novo Hamburgo NÃO Santa Maria SIM Santo Ângelo NÃO Passo Fundo SIM Uruguaiana SIM Pelotas NÃO Porto Alegre NÃO No = 6; yes = 3

13. Responsible agencies MUNICIPALITIESSITUATION: Caxias do Sul4 CRAS/CREAS São Leopoldo1 CREAS Santa Maria1 CREAS (PSC) + ONG (LA) Santo Ângelo1 ONG – transition for CREAS 2011 Passo Fundo1 CREAS Uruguaiana1 CREAS Pelotas1 CREAS Porto Alegre9 CREAS Novo HamburgoCREAS

14. Situation of the Programs/services: Technical team = incomplete we are waiting for an hiring announcement about a year now Program Manager Records regarding adolescents = lack of information poor planing (...) these informations we dont have Program Manager Quality of the services PIA/PAF = Invisible I dont get any follow up here, nor my family Adolescent Knowledge on Social Policy /SINASE (2006/12) Some time ago I read the Sinase, the regulations do not remember, but I know its proposal Program Manager Educational sense of measure = replaced by punitive Here I wash, step machine and take away the garbage, sometimes there's nothing for me to do i am sitting in the corner Adolescent What adolescents have to suggest = think about what is obvious and simple I wish they had more projects oriented to the future Adolescent I think they could do something with the books I have here. They have so much and do nothing Adolescente

15. Results Municipalition of programs and services in open environment of juvenile offenders – RGS is in halfway = to much to fullfill considering new Social Policies Landmarks of SINASE and SUAS Municipalition of programs and services in open environment of juvenile offenders – RGS is in halfway = to much to fullfill considering new Social Policies Landmarks of SINASE and SUAS -Beginning of this process = late 90s and early 2000. -The implementation of the Unified Social Protection (SUAS) typifies this service as one to be performed at the Centers for Specialized Social Assistance Reference (CREAS) by qualified and interdisciplinary teams relying on social workers, psychologists and pedagogues, etc.. (SUAS, 2005)

16. Results The constitution of the technical staff has not yet been fully achieved in these services, as required by the new Brazilian legislation on the subject. We also found a lack of professionals to fulfill the demands of the services and a lack of training for the work specifically with socio-educational measures in an open environment.

17. Results Regarding the management arrangements of the services studied, we found that the local governments of Municipalities are primarily responsible for the services and in some cities there is shared responsibility with NGOs, and the municipalities are in a transition phase of the implementing agencies Regarding institutional arrangements, it was found that the promotion of human rights of adolescents is mostly fulfilled by social policies carried out for adolescents in general in the municipalities.

18. Results The lack of knowledge regarding specific Social Policies related with Socioeducational mesuares are related to poor planing and poor quality of services. The fragil integration between the net of Guarantee of Rights System and Social Protection Services contribute to bureacratization of services interving in the quality of the services In the absence of clear references, the socioeducational pourposes of the measures tend to be substitute by plain punitive sense in interventions, that lack of sense for the needs of adolescents Proposals – strengthen programs in the network system of guaranteed rights; training of professionals and managers; listening to the adolescents – they have much to propose

19. REFERÊNCIAS BARDIN, L. Análise de conteúdo. Rio de Janeiro. Edições 70, 1977. BRASIL. Estatuto da Criança e do Adolescente. Lei federal 8069/90. BRASIL. Ministério do Desenvolvimento Social e Combate a Fome. Norma Operacional Básica NOB/SUAS. Brasília, jul, 2005. Disponível em:. Acesso em 03 mar. 2010. CAO/IJ-Centro de Apoio Operacional das Promotorias de Justiça da Infância e da Juventude. Apontamentos sobre a política socioeducativas segundo as diretrizes. Estabelecidas no Estatuto da Criança e do Adolescente,MINAS GERAIS, 2008. SARAIVA, João Batista da Costa. Adolescente em conflito com a lei: da indiferença à proteção integral: uma abordagem sobre a responsabilidade penal juvenil. 3. ed. Porto Alegre: Livraria do Advogado, 2009

20. REFERÊNCIAS SIMÕES, Carlos. Curso de Direito do Serviço Social. São Paulo: Cortez, 2007. SISTEMA NACIONAL DE ATENDIMENTO SÓCIOEDUCATIVO - SINASE. Secretaria Especial dos Direitos Humanos. Brasília: CONANDA, 2006.

21. OBRIGADA! Thank you aguinsky@pucrs.br