"IT'S FOR YOUR OWN GOOD!" Corporal Punishment in the District of Porto Velho: Who Hits, Who is Hitted, and How the Judiciary Acts.
Public Policies; Maltratement; Corporal Punishment; Judiciary; Estatítics.
Public policies aimed at combating violence against children and adolescents have a long history and continue to be updated, however, there are no specific parameters for evaluating their effectiveness. It is worth highlighting the 'Menino Bernardo' Law, 13.010/2014, which made physical, cruel or degrading punishments against children and adolescents illegal and listed new forms of action by public authorities, with the creation of article 18-B of the Children's Statute and Teenagers. The Judiciary can be located at the center of combat and prevention actions, as it is responsible for judging cases of rights violations, however, in official statistics, it appears that there is a lack of specific data on the profile of victims or reported information on the context of the complaints and others. In light of this finding, this research aims to structure statistical data on electronic legal proceedings involving mistreatment and which dealt with allegations of physical punishment, between the years 2018 and 2022, in the district of Porto Velho, with the purpose of TJRO become a producer of evidences that supports the evaluation and construction of public policies within the needs and reality of the municipalities of Porto Velho, Candeias do Jamari and Itapuã Do Oeste . The data collected was inspired by the Ministry of Health's Interpersonal and Self-Inflicted Violence Notification Sheet. 135 cases from the Child and Youth Protection Court were researched. The results indicated that the majority of complaints that reach the judiciary are with people,
victims and accused, who reside in the urban area of Porto Velho, with few cases in Candeias do Jamari and Itapuã do Oeste. It was found that there is a considerable lack of information about education, gender, ethnicity, skin color, both of the victims and those reported, and few processes had information, in text, about interventions, referrals or actions compatible with the provisions of Art. 18 -B of the ECA, highlighting just 10 cases sent to the guidance group, the Diálogos Project. As for the conclusions of the cases, more than half were archived or extinguished, either because the facts were declared atypical, because there was a lack of evidence,
because there was a lack of proof of the authorship of the crime, because there was no evidence of the materiality of the crime, or because there was a statute of limitations. In general, these data indicate that there is a need to guarantee records of data on the identity of people, in a broad sense, which may be due to a change in the way the judiciary conceives the qualification of the parties. It also appears that the performance of protection bodies can be improved by establishing a service flow, which reduces the time it takes to investigate complaints, increases the quality of evidence production, in addition to defining how children and children will be
protected. adolescents in whom a legal infraction was found, involving physical punishment according to the 'Menino Bernardo' law, although not serious enough to apply the penal code. It is stipulated that if there are social projects aimed at preventing physical punishment in several of the territories of the District of Porto Velho, urban and rural, there may be more referrals and interventions.