A EXPLORAÇÃO SEXUAL DE CRIANÇAS E ADOLESCENTES: Uma abordagem sócio-jurídica na Comarca de Guarabira

Abstract

The present work had taken for study object the sexual exploration of children and adolescents in the judicial district of Guarabira, and also intended to stand out the importance of the civil society participation as a strong instrument for combating and supporting the victimized children, as well as emphasizing within an interdisciplinar perspective the legislation about the explored theme, discussing about both its rightnesss and mistakes in what concerns to the culprits punishment. It searches in the Brazilian Criminal Code and in the Statute of Child and Adolescent the incriminating articles, tracing as follows a historical, social and legal analysis. The research was carried through in the Tutorial Counseling of Guarabira. Through the collection of data in the victims attendance files, it has tried to show the historical context of the Statute of Child and Adolescent. It was evidenced that there used to be a not protective legislation of children and adolescents rights, which had evolved to the standard we have these days, also called integral protection. However, the SCA, which was born from intense social fights, many of them organized by civil society, still brings on its text discriminating and absolutely unpractical articles. Thus, it is necessary to rethink the exploration concepts to bring up to discussion new instruments which are endowed with full effectiveness. While we have a contradictory criminal statute and in the social field also contradictory concepts of exploration, it will become impossible, or in the best hypotheses, extremely hard its confrontation and punishment. The promulgation of an extraordinary law such as the Statute is not enough, it is necessary that before everything else the public politics give to child and adolescent, victims of this violence, a legal and social support, as well as the support through their psychical, educational, familiar, emotional and moral recovery. During the research, the data of the Tutorial Counseling of Guarabira containing the attending files were analyzed, and through them the cases of sexual exploration of children and adolescents could be detected throughout the period from January to December of 2005. In this purpose, the descriptive procedure method was used, in its exploratory and historical character. The registered data has revealed that the number of sexual exploration attending is minimal if related to other attendings, as well as it is possible to observe the difficulty in precising the crime described by the victim or his relatives and the identification itself from the Counseling members. The educational profile points to the already described national level, little access to education and a great number of school evasion.