O serviço de acolhimento de crianças e adolescentes e a garantia dos direitos fundamentais previstos a partir da Constituição Federal de 1988 : um estudo sobre a legislação e as dinâmicas internas das instituições.

Abstract

The present study aims to analyze institutional care services for children and adolescents from the perspective of guaranteeing the fundamental rights ensured by the 1988 Federal Constitution, investigating the practical application of the current legislation and the challenges faced by the institutions responsible for this protection. The research is based on the central problem: what are the challenges faced by institutional care services in fulfilling the guarantees of human and fundamental rights provided for in the 1988 Federal Constitution, in light of the current legislation? The formulated hypothesis holds that such services face difficulties in fully ensuring these rights due to structural limitations, shortcomings in the implementation of legal norms, the absence of articulated public policies, and deficiencies in the management of financial transfers allocated to the sector. The methodological approach adopted will be the deductive method, as it starts from the analysis of general constitutional, legal, and doctrinal norms in order to understand specific situations experienced within the context of institutional care. The procedural methods will be historical, monographic, and comparative, allowing for the reconstruction of normative developments, the individual examination of care services, and the comparison of different institutional realities. Regarding the techniques employed, indirect research methods will be used, including bibliographic, legislative, and doctrinal research, with consultation of books, scientific articles, academic journals, and legislation. The chosen line of research is justified by the urgency of ensuring that the fundamental rights of children and adolescents in institutional care, as provided for in the Federal Constitution, the Child and Adolescent Statute, and related public policies, go beyond the normative level and materialize in everyday institutional practice. The relevance of the topic stems from the central role of institutional care in preserving the rights to life, dignity, and family and community coexistence. Despite the existence of a solid legal framework, challenges persist, such as resource scarcity, insufficient professional training, fragility of public policies, and obstacles to family reintegration, which compromise the effectiveness of protective actions. Thus, understanding these barriers is essential to identify gaps, assess the quality of care, and propose recommendations capable of strengthening institutional care services and improving public policies aimed at children and adolescents in Brazil. The research demonstrated that the principles of care for children and adolescents are directly linked to the protection of dignity, the preservation of emotional bonds, and comprehensive development; however, the implementation of Family Care Services faces significant challenges. It was highlighted that the effectiveness of public policies depends on the integration of adequate infrastructure, qualified human resources, and efficient oversight, with the involvement of interdisciplinary teams and humanized practices, while oversight must go beyond formal requirements to include preventive and corrective actions. The study also revealed the need for public policies and awareness-raising strategies to broaden the profile of adoptive families, thereby effectively ensuring the right to family and community life.