BRITO, D. A.; BRITO, Daiane de Almeida.
Résumé:
The purpose of this work is to analyses the historical-normative evolutions that
evolves the construction of the children and adolescent rights on the national scene,
since the first government action destined to such subjects until the enactment of the
Law nº 12594/2012, responsible for create the Socio-Educational National System
Services. From the public knowledge by established rules in the aforementioned law,
incompleteness gives rise to heated discussions, especially related to the socioeducative freedom private measurement, comes give raise, with no mention of age
contemplated by the law, the potential unconstitutionality of the rule. In a
bibliographical and documental research, guided by doctrine, scientific articles, and
Brazilian legislation, made the adequacy norm study to the constitutional text,
thereby gaining, and the analysis of its constitutionality and the pointed transgression
of the full protection of commitment assumed by the State. Remains the
effectiveness fundamental social children and adolescent rights issue. As hypothesis
solution to the first conflict, is the adequacy of conjugal visits to the constitutional
rules, guided by the civil standards and stable union interpretation, situations due to
the exercise of the right, when it's understood that the permissive contemplates only
adolescents aged at least sixteen. As regards the second conflict, with an evolution
into positive rights an undeniable fact, its effectiveness depends by a cooperative
and effective system which connects the state powers dynamically.
