O direito à convivência familiar e comunitária da criança e do adolescente com o pai em privação de liberdade

Abstract

This study aims to study the right to family and community life of children and adolescents with their deprived parents in accordance with the Estatuto da Criança e do Adolescente (ECA) and related legislation. To this end, aspects related to paternal filiation and paternal recognition will be outlined, through verification of paternity, considering that it is from this context that the exercise of the right to coexistence can be effected in such circumstances. Aspects related to the family will also be presented, such as the environment in which children and adolescents are inserted and which should be protected as subjects of rights. To this end, the discussions will be presented from the laws that protect and guarantee these rights, as well as through the literature on the Law and Social Service in the legal partner, with the purpose of making reflections on the Brazilian prison and the obstacles to the effectiveness of the law the right to family and community life of children and adolescents with their deprived parents.