Biopolítica e o direito de crianças e adolescentes à convivência familiar e comunitária

Abstract

The Family and Community Coexistence is a legal right guaranteed by the Federal Constitution of the Federative Republic of Brazil of 1988 and by the Child and Adolescent Statute of 1990. The right has a historical-social process for its configuration as a political and legal object within the Brazilian jurisdiction and public policies, which produce truths and exert power about the ways of being and ruling the population. The aim of this study is to problematize the production of statements about the right to family and community coexistence, ways of being and ruling of children, adolescents and families. More specifically, will be analyzed: the historical and political conditions that became the family and community coexistence a political and legal object for children and adolescents; the modes in which the legal and statements trigger and justify truth regimes about the right of children and adolescents to family and community coexistence and the modes in which the State conceives the promotion, protection and defense of the right of children and adolescents live in a family and community. This study uses as main analysis material the National Plan of Promotion, Protection and Defense of the Rights of Children and Adolescents to Family and Community Coexistence, and as auxiliary materials, the Child and Adolescent Statute, the reports of the National Human Rights Caravans and the National Social Assistance Policy. This research concentrates in the area of Social Psychology and it is based on the theoretical-methodological studies of Michel Foucault, who discuss the statements and speeches of some fields of knowledge and objects. The results point out that the legal right is the product of international legal discourses, which hide social inequalities through universal truths. The law presents, in its historical basis, the progressive movement of the State to infiltrate the daily lives of families and communities during the Military Regime. Moreover, it is the effect of popular struggles and insurgencies in the democratization process in Brazil. The truths are neoliberal legal-politic-economic, supported by the knowledge of Psychology, which works between the Plan and the right to the family and community coexistence to regulate the activities (conducts, bonds, relationships) of families in early childhood development. The life management and (in)security occur through biopower investments between incarceration mechanisms and (re)insertion of children and adolescents in families and communities, as well as tutelary surveillance, punitive control, institutional racism and calculation of the risks that make them responsible poor, brown and black individuals and families for breaking of bonds and the production social insecurities. The life management and (in)securities occur through biopower investments between incarceration mechanisms and (re)insertion of children and adolescents in families and communities, as well as tutelary surveillance, punitive control, institutional racism and calculation of the risks that blame poor, brown and black individuals and families for breaking the bonds and producing social insecurities. The considerations indicate denaturalize political-historical relations, knowledge-power speeches and the neoliberal rationality in the right and Plan, subsidizing reflections about practices on the services, ways of managing life and social insecurities in order to encourage (re)formulations of policies that intensify the guarantee and the exercise of the right to family and community coexistence.