O direito à convivência familiar e comunitária - Cuidados alternativos e reflexões sobre a família guardiã (guarda subsidiada)

Abstract

The general history of humanity is full of wars, catastrophes, epidemics, immeasurable cycles of hunger, misery and disputes for territories and domination of peoples. With regard to children, it can be mentioned that they brought either early death or abandonment by their parents, facts that were considered commonplace. Those who survived the absence of their parents, tragically or otherwise, could be welcomed into foster homes, especially by members of their own family or by those close to them. It is noteworthy that over the course of history, especially in the Western world, English-speaking countries have created a specific expression for this type of care, known as foster care, which can be translated as family care. The word fosterage, or foster care, was still widespread in the Middle Ages among the Celtic, Anglo-Saxon and Germanic peoples. In Brazil, this type of family care was incorporated into the Statute of Children and Adolescents through Law 12.010/2009 (art. 101, item VIII), however, up to the present day, there has not been enough time to consolidate the expression before the community. welcoming families and effective public policies were not adopted aiming at its implementation in more than 5,500 municipalities in the country. In other words, the expression welcoming families still cannot portray the technical intervention developed by the State, through the reception services family (SAF). There is still a need to distinguish foster care from a simple movement of children in other homes, as well as “upbred” children and even with adoption. In brief, Law 8069/90 made the foster families official, which must be registered and prepared to take in children and adolescents at risk. In return, they can receive a financial subsidy. It so happens that the extended family could also be covered with this subsidy to fulfill this protective role, but this type of guardian family has not yet been regulated. This problem was awakened during a concentrated hearing - regulated by provision No. 32/2013 of the National Council of Justice (CNJ), when, as a prosecutor in the area of children and youth, a specific case made evident the need for a care service or program for the extended family, in the form of subsidized custody. In networking, many legal practitioners still confuse the various modalities provided for in the Unified Social Assistance System - SUAS and in related legislation, hence the importance of researching the theme in question, in order to contribute to the final activities of the system of justice, aimed at guaranteeing the right to family and community life. From the aforementioned concrete case, and throughout the studies in the master's program, it was possible to carry out a diagnosis of the reception services in Tocantins (institutional, family and subsidized care), organize two seminars to promote the work of ministerial members, disseminate the existence of subsidized custody and the creation of models of action for the Public Prosecutors aiming at the implementation of family shelter services in the municipalities. It was also possible to know the neuroscience studies that prove that the family model is the closest to the family framework, therefore, less harmful to child development.