O SISTEMA PENAL NA LENTE DA JUVENTUDE TRANSGRESSORA: da política social à política penal

Abstract

This paper addresses the youth in one of his most dramatic contact with modernity - the penal system. Thus, it approaches with youth has been severely victimized by the passage of the Welfare State to Prisonfare State, existing amidst this transmutation ideology / practice and discourse of correction. Used in Critical Criminology and its theoretical framework, in particular its marginal proposition zaffaroniana realism as a theoretical tool and ethical commitment to deconstruct the juvenile justice system, and also of legal pluralism as a conceptual tool to enable an alternative emancipatory and liberating, so two instruments should intersect theoretical methodological towards a new paradigm of sociability and legality - a critical criminology and legal pluralism way to a democratic legality and non-violent. Besides the theoretical analysis, we work with empirical research conducted through interviews with the inmates in FASE (South Unit) and analysis of records with the aim of seeking the reality of the juvenile justice system since the subjects that are the object of intervention and which was imposed silence. There is talk of youths as locus construction, preservation and recognition of individuals endowed with creative ability and dialoguing with insurgents and emancipatory potential of social dynamics and oppressive legal and an upright position. Advocates up for access to justice as a matter of social policy, understood this from a conceptual extension over and above the traditional public-state sphere and hierarchical