Conselho tutelar: construção de uma institucionalidade participativa na atenção aos direitos da criança e do adolescente: a experiência de Palmas - TO (gestão 2007 a 2009)

Abstract

Objective with this thesis identify the degree of social and political legitimacy and institutionalization of participatory Protection Councils (TCs) in the city of Palmas-TO (managed 2007-2009), by analyzing the effectiveness of their actions with the children and adolescents victims of violence. This study chose as the unit of analysis for the CTs to view them as legitimate instances of zeal for the rights of children and adolescents, imposed by the 1988 Federal Constitution and regulated by the Children and Adolescents Statute (1990). The TCs have, in the precepts of ACS (Art 136), legal and legitimate powers to protect the rights of children and adolescents at risk and / or violated. This investigative study adopted the ethical-political horizon as the effective guarantee of citizenship rights of children and teenagers victim of violence. Prioritized the analysis of the struggles and achievements relating to the treatment of children and adolescents in this city, emphasizing the passage of the doctrine of irregular Minors Code for the doctrine of integral protection, within the framework of the Constitution of 1988 and the ACS. The structural phenomenon of violence against children and adolescents is understood as a manifestation of the social issue that has the family as the predominant locus. In the process of understanding the complexity of this phenomenon, we prioritized, based on indices of violence, the analysis of the challenges encountered by TCs, to break the cycle of violence. Finally, we analyzed the mediation, contradictions and strategies developed by the joint board, together with other agencies that make up the Guarantees System of the Rights of the Child and Adolescent (GSDCA) in view of the effectiveness of care through shared action and decentralized. The survey revealed that despite the record of some progress in recent years, the TCs have weaknesses with regard to the exercise of its powers and duties. These weaknesses have proved to be resulting mainly from poor conditions of infrastructure, the inefficiency of public policies in meeting the families and the dislocation with government institutions and nongovernmental organizations to control and defend the rights of the juvenile population. Moreover, the local society reveals ignorance of the real tasks of TCs as instances of protection and care of the rights and as spaces for democratic participation. From the standpoint of method, there is to be held in dialectical and in objective conditions, the traffic verification of the social problem for the analysis of the mediations and contradictions that drive it to the counselors, coated with lawful authority, are capable, articulate with society in general and with the organs that make up the GSDCA, to give materiality to a new political culture and an institutional participatory in the county, under the aegis of the law.