Criminalização da Pobreza e Destituição do Poder Familiar: entre a garantia e a violação de direitos

Abstract

This dissertation aims at reflecting dialectically about the contradictions and relations observed in the processes of family power destitution, which refer to the non-establishing of the rights advocated in the Child and Adolescent Statute in the current context of neoliberal offensive. It is well known that neoliberal policies intensify the reduction of the social State and, consequently, cause an amplification of the penal State, what engenders the dissemination of a logics of poverty criminalization and of judicialization of expressions from the social question. The investigative process of this research resulted from the following question: considering the destructive nature of the contemporary capitalism, in which there exists the destruction of social protection mechanisms, which manifests itself in the increase of poverty, violence, the destruction of social rights, the criminalization of poverty, and the judicialization of the social question, which, in turn, produces processes that fall upon the family power destitution; does the latter behaves as a rights violation or as a protection measure? In order to do that, this study was carried out both as a bibliographic and documental research, what assisted in identifying that the poverty criminalization presents itself as a neoliberal strategy of the penal State in search of solutions for the gestion of poverty, with the purpose of containing the social conflicts arisen from the inherent inequalities of the means of production and the capital reproduction. These factors, in turn, gradually assign the responsibilities of one’s own social well-being to the population non-assisted by the government. It is in this context that the State affects the family dynamics and also by means of a discourse of “protection”, typifying the poor families as negligent, incapable, and disqualified, confiscating their children and adolescents through the judicial sentence of family power destitution, which is characterized as a protective measure, but which occasionally, before the existing scenario of the propagation of neoliberal policies, can perform as a rights violation.