Family substitute as guarantee of best child and adolescent interest

analysis of the municipality of Mafra

Abstract

The object of study is the substitute family, based on Article 28 of the Statute of the Child and Adolescent - ECA: "The placement in a surrogate family will be done through guardianship, guardianship or adoption, regardless of the legal situation of the child or adolescent, under the terms of this Law "(BRAZIL, 1990). This is a right with absolute priority, it is sought to analyze its implementation. Due to the problematic, the central question is "in which situations are children and adolescents placed in a surrogate family?". For the realization was consulted printed sources and electronic sources. Making sure that the main principles related to the rights of children and adolescents are: Absolute Priority Principle, Principle of Prevalence of interests, Principle of Family Coexistence, and Principle of Municipalization. And in order to carry out research in a dialectical methodology, the bodies responsible for referral (Guardianship Council, CREAS and Institutional Shelter) were found to be data on which recurrent form causes placement in a surrogate family. Concluding in the research that the most frequent risk situation is negligence in general, and replacement family placement in the form of custody is the most constant, however, other forms may be applied to cases of negligence, such as the adoption that would be in the last instance of effectiveness, and the measures implemented are not applied objectively but verified on a case-by-case basis, demonstrating the importance of interdisciplinary action between Law and Social Service in guaranteeing the best interest of the child and adolescent, observing this principle as a form of priority guarantee.