Dignidade da criança e do adolescente

Abstract

The removal of family power consists of the withdrawal of the infant from family life through a decision of the judiciary. The Federal Constitution and the Civil Code guarantee the right of the minor to have coexistence with the parents enabling a healthy development to them, right is linked to the principle of the dignity of the human being. The dismissal of family power should be used when no other less serious measure applies to the case in a fruitful way, and in view of the seriousness of the occurrence does not allow family life and put at risk the physical and psychological development of the infant. Such circumstances are regulated in the Civil Code and should be analyzed in a way that does not create injustice. What is sought with such a measure is to provide that the child and the adolescent enjoy their right to obtain a physical psychic development, and that the parents are responsible with their duties for that development, providing a dignified life for the children. Should such persons be put at risk, the State must intervene in defense of their lives and dignity. In addition to the family, society and the State have a duty to protect the dignity of children and adolescents, as they are vulnerable and developing beings.