Direito da criança e do adolescente à convivência familiar

Abstract

This dissertation aims to analyze the relevance of the right of children and adolescents and their family socialization and the possibilities of its effectuation in Brazilian law. We seek to show that despite the evolution of family law, especially in the constitutional context and although they are entitled to fundamental human right of living, requiring, as a consequence, full and effective self-administered, including absolute priority, because it is right bound to children and adolescents, the effect of the same in Brazil as well as in other peripheral countries, has found great difficulties. Although the recognition of children and adolescents as subjects of law is no longer question that imposes great discussions as well as the evolution of yet called for much of the doctrine of "visitation rights" to the right to cohabitation, which in this coexistence constitutional requirement should enable to the menor the most effective family relationship with all family members, in the broadest sense possible, for various reasons such a fundamental right has been mitigated, causing irreparable damage in the formation of future citizens. To minimize the problems caused by non-fulfillment of this right, try to demonstrate that much can be done by the state to better meet the demand under consideration, either by promoting judicial measures that make more effective the right of children living within the family structure or making effective public policies that ensure the right of living of children at risk, through adoption.