A medida protetiva de acolhimento institucional: análise da ineficiência das garantias previstas no Estatuto da Criança e do Adolescente.

Abstract

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.