DIREITO À CONVIVÊNCIA FAMILIAR: quando o garantismo à convivência familiar passa a ser elemento violador de direitos de crianças e adolescentes

Abstract

The Federal Constitution of 1989 and the Child and Adolescent Statute (Law No.: 8069/90) gave children and adolescents the ownership of many rights and, among them, the right to family life. However, the guarantee of family living, in practice, is restricted, mostly to living with the child's natural family, a fact that generates violations of several other rights. The work searches demonstrate that some situations which the natural family is an environment that violates or promotes the violation of the rights of children and adolescents and it is necessary to remove the infant from the family environment and then institutionalize the child or adolescent, the systematic delay, together with the various attempts to reintegrate the child into the natural family, overstretch the permanence of children and adolescents in welcoming institutions and radically reduces the chances that they can be adopted. In this sense, this article searches to promote a reflection on the damages of guaranteeing to family living when interpreted and applied strictly to the natural family, presenting a reduction in the time between the removal of the infant, the period of adaptation of the natural family until the removal of family power and placement for adoption as form to better guarantee fundamental rights to the minor, especially family living, the principles of absolute priority and the best interest of the child, beyound human dignity.