A política de prevenção e combate à tortura no contexto das unidades socioeducativas no Brasil

Abstract

This paper aims to understand the implementation process of torture prevention and control policies within the socio-educational context. This form of violence is also present in the capitalist economic system as a form of oppression that subjugates and dominates individuals, peoples, and classes, and is used by its systems of repression as a means of social control. Given this scenario, the perpetuation of torture and its new forms of practice have repercussions on international and national discussions on torture prevention and control. Thus, regulations are implemented, considering the serious rights violations experienced in places of deprivation of liberty, particularly socio-educational facilities, understanding the challenges faced by children and adolescents in implementing the doctrine of comprehensive protection. Thus, in recent decades, the Brazilian State has been passing laws and establishing public policies addressing this issue, with the contribution of ongoing movements. Thus, the National System to Prevent and Combat Torture (SNPCT) was created as a means of effective measures. Along with the law establishing the System, the National Committee to Prevent and Combat Torture (CNPCT) and the National Mechanism to Prevent and Combat Torture (MNPCT) were created. This body conducts inspections and situational diagnoses of what is witnessed in places of deprivation of liberty and contributes to the development of strategies to combat torture. Consequently, the production is based on bibliographic and documentary research, the first addressing analytical categories such as: State; capitalism; violence; torture; prevention and combat; children and adolescents; youth; and criminal acts. The second draws on documents considered primary, which have not received any type of analytical treatment, such as the promulgation of the Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (Brazil, 1991); promulgation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (Brazil, 2007); regulation of the National System to Prevent and Combat Torture, the composition and functioning of the National Committee to Prevent and Combat Torture, the National Mechanism to Prevent and Combat Torture, and the reallocation of committee positions (Brazil, 2019); inspection reports produced by socio-educational deprivation units, available on the MNPCT website; among others, international (to which the country is a signatory) and national documents, legislation, treaties, and regulations addressing the issue. Through the reports, it was possible to verify how the policy to prevent and combat torture has been established in Brazil, specifically in its role in socio-educational units, by inspecting the de facto and de jure conditions to which adolescents and young people deprived of their liberty are subjected. These include situations that violate the constitutionally guaranteed rights of adolescents and young people accused of committing criminal acts, who are housed in a system that produces and reproduces torture. Similarly, the policy to prevent and combat torture faces challenges in its implementation, given: the vast territory of Brazil; irregular guidelines regarding the protocol standards for its implementation; and the difficulties in establishing its agencies at the state level.