SOUZA, V. I. Q.; http://lattes.cnpq.br/5592774443206961; SOUZA, Valderi Igor Querino de.
Resumo:
The Theory of The Full Protection, adopted by the Brazilian legal system and
international treaties, regarding the rights of children and adolescents, establishes their
protection with absolute priority, determining special attention to this public. Because
of this, the Child and Adolescent Statute creates the service policy, precisely focused
on these guarantees. Within this perspective, there are shelter institutions where
children and adolescents subject to the protective measure of institutional care are
sent. This research arises from the problems surrounding the application of this
measure, its violations and state inefficiency regarding such issues. It uses basic
research, through a qualitative approach, based on documentary research, and is also
based on exploratory analysis and the bibliographic review procedure. Furthermore,
the general objective is to study the role of the State regarding the principles, rules and
guarantees of the Child and Adolescent Statute regarding the application of the
protective measure of institutional care. On the other hand, the specific objectives are:
to establish a general apparatus for the national and international legislative protection
of children and adolescents; to highlight the ECA legislation regarding service policy,
reception institutions and protective reception measures; demonstrate the flaws in the
application of institutional care and its consequences as a double violation of the rights
of children and adolescents. At the end of the research, it is clear that even though
reception is a form of state protection, it has consequences in its execution, as well as
flaws in its determination, causing a double violation of the rights of children and
adolescents.