MEDIDAS PROTETIVAS E SOCIOEDUCATIVAS: UMA ANÁLISE CONSTITUCIONAL DA RESPONSABILIDADE DO ESTADO NA EDUCAÇÃO E DESENVOLVIMENTO DA CRIANÇA E DO ADOLESCENTE

Abstract

It is based on the hypothesis that the State has a constitutional duty to guarantee the right to education and development of children and adolescents. When there is an omission by the State, that is, when it does not comply with its obligations set out in the 1988 Federal Constitution and the Child and Adolescent Statute, the damage can be irreparable, affecting both the present life and the future of these individuals. Lack of access to adequate education and development can lead to physical, material, moral and emotional harm for children and adolescents. A lack of education, for example, can prevent the development of fundamental skills and knowledge, making it difficult for these individuals to enter the job market and society in general. Therefore, the present work aims to identify gaps, failures or constitutional violations related to the State's responsibility in the education and development of children and adolescents and how to prevent them from carrying out illegal acts or acts that will harm their development. Highlighting that the State's priority is not only to care about socio-educational measures and how they will be applied, but rather to prevent and invest in the future of children and adolescents, so that the application of such measures is a last resort. Based on this diagnosis, measures can be proposed to improve public policies, strengthen mechanisms to guarantee rights and promote equal opportunities for all children and adolescents, thus contributing to the effective application of rights.