A família acolhedora e a (des)institucionalização no estatuto da primeira infância

Abstract

In Brazil the realization of social rights has great obstacles to be overcome, especially those involving children and adolescents, which is why the Judiciary is called to intervene in the demands affirming the Constitutional sayings. It is discussed: how the deinstitutionalization of children, through family reception, reinforces or impairs the implementation and protection of the rights of children and adolescents, especially the Right to Family and Community Living. The objective of the study is to study whether the inclusion of children and adolescents in programs of welcoming families, through public policies, guarantees them the right to family and community coexistence. In order to do this, the way forward is an investigation of the history of care in abandoned infants in Brazil, and it is a question of how this rupture occurred within the framework of the doctrine of integral protection, showing the reality of the Brazilian, Santa Catarina and in three municipalities of the Upper Vale do Itajaí. From this perspective, the positive and negative aspects of the legislative incentive proposed for family care will be examined and, in the most advantageous way, the importance of networked care for the success of the program. In a third step, it will be analyzed whether the mechanisms created and imposed on the executive and judicial powers reach the objectives of implementation of rights of children and adolescents, on the issue of reintegration into the natural family. We worked with the hermeneutic phenomenological method, whose purpose is to approximate the subject (researcher) and the object to be researched, the procedure method: monographic. All of this will lead to the partial results that encouraging the increase of welcoming families may not be the best solution to reinforce the implementation of the rights of children and adolescents, since it further delays a definitive solution that is to give the right of a child to be raised in the bosom of a family other than the natural family.