The role of the Brazilian Public prosecution in ensuring the right to family and Community coexistence of Children and Adolescents

Authors

  • Débora Tomé de Sousa Universidade Federal do Ceará
  • Dairton Costa de Oliveira
  • Raquel Coelho de Freitas Universidade Federal do Ceará

DOI:

https://doi.org/10.54275/raesmpce.v10i2.103

Keywords:

Public Prosecutor’s Office, Children and Adolescents, Right to Family and Community Living

Abstract

The right to family and community coexistence of children and ado­lescents is legally established in constitutional norms and principles, this right is based on the principle of Integral Protection that will only be shown when guaranteed to the infant his physical, mental and social development in a family environment appropriate. In this way, it is the role of the Public Prosecution Service, in a constitutional prism, to defend social and individual interests that are unavailable, in which the defense of the right of children and adolescents to family and community coe­xistence. In order to guarantee this specific right, the Public Prosecution Service may act in its own name, as a procedural substitute, with the attribution, being the body responsible for filing protective measures, Collective or Individual Civil Actions and Action for Dismissal of Family Power. It should be stressed that not only the parents or guardians should be subject to responsibility by the ministerial body, the State, by its va­rious entities, which is jointly responsible for the protection of the rights of children and adolescents, has been a vilification of these rights, when does not give the infant protection a useful response in a reasonable time for the duration of his or her process. In this sense, the objective of the article is to present the measures and actions of attribution of the Public Prosecutor that can effect the right to family and community coexistence of children and adolescents in a situation of institutionalization.

Author Biographies

Débora Tomé de Sousa, Universidade Federal do Ceará

Mestranda em Direito pela Universidade Federal do Ceará. Promotora Acadêmica da Infância em Fortaleza-Ceará.

Dairton Costa de Oliveira

Promotor de Justiça. Especialista Interdisciplinar em Direito da Criança e do Adolescente.

Raquel Coelho de Freitas, Universidade Federal do Ceará

Doutora em Direito pela Universidade Federal do Rio de Janeiro. Professora da Universidade Federal do Ceará.

Published

2018-12-14

How to Cite

Sousa, D. T. de, Oliveira, D. C. de, & Freitas, R. C. de. (2018). The role of the Brazilian Public prosecution in ensuring the right to family and Community coexistence of Children and Adolescents . ACADEMIC JOURNAL OF THE SUPERIOR SCHOOL OF THE PUBLIC PROSECUTION, 10(2), 25–40. https://doi.org/10.54275/raesmpce.v10i2.103

Issue

Section

Artigos Nacionais