A excepcionalidade intrínseca à medida de acolhimento institucional prevista pelo Estatuto da Criança e do Adolescente e as consequências decorrentes de sua inobservância como ameaça ao pleno direito à convivência familiar e comunitária

Abstract

With the growing emergence of a socio-legal movement that, in disregard of constitutional principles concerning the full development of the child and adolescent population, tends to support the separation of children and adolescents from their family environments, this study aims to analyze the current political and factual situation of institutional care. The goal is to draw conclusions that can contribute to a more informed and systematic perspective, with the intention of preventing future harm. Initially, we conduct a comprehensive review of the literature related to social assistance practices for the child and adolescent population in Brazil. Additionally, we provide an overview of the Child and Adolescent Statute (ECA), considering its historical context and evolution as crucial elements for understanding the development of child protection policies over time. Subsequently, the research delves into the fundamental principles that guide statutory legislation, such as the doctrine of comprehensive protection, absolute priority, and the best interests of the child and adolescent. Within the context of institutional care and family reintegration processes, our study critically assesses the inherent limitations of institutionalization as a protective measure for childhood and adolescence, as well as examines the psychosocial and developmental consequences of this process. Finally, we address the challenges of legal actions and seek to identify corrective measures to improve institutionalization policies and ensure the comprehensive protection of the rights of children and adolescents. The research will follow a sequential process, including literature review, analysis of relevant legislation, investigation of recent approaches in legal journals, and critical examination of available academic literature and legislation to enhance our understanding of various theoretical and practical perspectives related to the topic.