Um olhar constitucional sobre a criança e o adolescente em situação de rua no Brasil

Abstract

This work examines, from a constitutional perspective, children and adolescents living on the streets in Brazil. For this, initially, it seeks to expose the historical-normative evolution of the protection of children and adolescents worldwide to understand the legal advance that started from total lack of protection to the doctrine of integral protection applied in Brazil. Then, it is intended to examine the application of the legally foreseen rights to children and adolescents, relating the violation of fundamental rights with the future consequences in the life of this social group in a street situation. Further on, joint responsibility between the family, the State and society will be discussed as a means of confrontation and solution, through state, educational and assistance actions to ensure the rights of children and adolescents living on the streets, also seeking to eradicate this scenario. Finally, using the technical-bibliographical procedure, we intend to use articles and research carried out by IPEA, by State and Municipal Secretariats, as well as by International Universities, works by scholars in the area such as Philippe Ariès, Irene Rizzini, Regina Fiorati, who approached the subject to understand how the theme has been treated. For this work, which has a qualitative approach, and pure result, a bibliographical research is carried out, using the collected data as a basis for analysis to investigate the main problem and its possible solutions. As a result, it is understood that there is a country's legislation based on the Doctrine of Integral Protection, with a large framework of norms, but at odds with social reality, which results in children and adolescents with fundamental rights violated in a state of serious social vulnerability. In this sense, it is understood that investment in educational public policies, as well as the equipping of state bodies such as the Tutelary Council and social assistance centers will be fundamental to eradicate the vulnerability of this social group, ensuring their rights and avoiding negative repercussions on your future.