Do direito à convivência familiar e comunitária: uma análise de suas versões, limites e alcances

• Ano de defesa: 2007
• Autor(a) principal: Silva, Marceli Matoso da
• Orientador(a): Leal, Maria Cristina
• Banca de defesa: Almeida, Carla Cristina Lima de , Garcia, Joana Angélica Barbosa
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade do Estado do Rio de Janeiro
• Programa de Pós-Graduação: Programa de Pós-Graduação em Serviço Social
• Departamento: Centro de Ciências Sociais::Faculdade de Serviço Social
• País: BR
• Palavras-chave em Português: Criança e adolescente; Convivência familiar e comunitária; Família substituta institucional; Assistência a menores; Política social
• Palavras-chave em Inglês: Children and adolescent; Family and community coexistence; Substitute institutional family
• Área do conhecimento CNPq: CNPQ::CIENCIAS SOCIAIS APLICADAS::SERVICO SOCIAL
• Link de acesso: http://www.bdtd.uerj.br/handle/1/16039

The present work has the objective to bring some reflections on the right of the child and the adolescent to the familiar and communitarian connivance. Along the history, the child and the adolescent in Brazil had been called minors were associates to the delinquency, abandonment and poverty. There were legal changes from the Federal Constitution of 1980 and the Statute of the Child and the Adolescent, where the child and the adolescent start to be carrying of rights. The family is considered an indispensable space for its growth. In the impossibility of this to occur, the child has to be directed to the substitute family. All current law, Federal Constitution, SCA, National Politics of Social Assistance and the National Politics of Guarantee the Familiar and Communitarian Connivance, increase the necessity of the investment in the creation of the child in their original family. However, the family is not always a place of joy and happiness, this space have eventually some conflicts and tensions and in many cases, the children are placed in shelters as protective measure. The shelter must be a brief and not usual measure. In the lack of possibility of the child s reintegration in the original family, they must be directed to the substitute family. The reality of sheltered child not always can be established in the legislation that focuses the right of the child and the adolescent to be bred in their own family and, rarely, in the substitute family. In the shelters we can find children that have families, however, in many times, do not exist social conditions for their return to the family, what cannot justify itself the guiding of these children for substitute family. There are a great number of children with no contact with their family and are waiting for the legalization of their situation to be adopted. Unfortunately, there are many children and adolescents who are not included in these possibilities and had already lost the contact with any of their familiar ones and don t have any possibility to be adopted, because the lack of interest in the adoption of older children. All the discussion in this work is focused on the right of the child and the adolescent to the familiar and communitarian connivance from the modality House-home and intended to contribute for the development of the politics of assistance that, at the moment, does not have any solution for the situation of the children who do not have the right for the familiar connivance in the biological or substitute family.