A proteção integral da infância e da juventude: um estudo sobre o contraste entre a legislação brasileira e a realidade das crianças em situação de vulnerabilidade

Abstract

This paper deals with the protection granted by the legal system to children and adolescents, aiming to demonstrate which factors explain the discrepancy between the normative framework and practical reality. To this end, it uses the civil-constitutional methodology, with a historical-evolutionary perspective, based on bibliographical and legislative studies, statistical data, and support from related sciences. To begin, it starts with a brief historical summary of the treatment given to the subject, from the imperial period to the present, highlighting that children and adolescents were only recognized as subjects worthy of rights after the entry into force of the Federal Constitution of 1988 (CF/88) and the Statute of Children and Adolescents (ECA). Next, it analyzes the principles and fundamental guarantees established by such diplomas specifically for young people, emphasizing that, at the theoretical level, there are consistent mechanisms to effectively protect their interests. Next, the social indicators related to the topic are examined, revealing that there is a huge occurrence of violations of the basic rights of the child and youth population in situations of social vulnerability. Finally, it is concluded that the failure of the CF/88 and the ECA is related to the rise of neoliberal capitalism and the preservation of antidemocratic mentalities, which increase socioeconomic inequalities, reproduce exclusionary patterns and, thus, hinder the implementation of comprehensive protection.