A INTERVENÇÃO ESTATAL NA FAMÍLIA: A FUNÇÃO DA FAMÍLIA SUBSTITUTA NO SISTEMA DE GARANTIA DE DIREITOS

Abstract

The study analyzes state intervention in family relations, specifically in the application of substitute family placement, as provided for in article 28 of the Child and Adolescent Statute. The objective is to understand whether this measure truly represents an instrument of full protection for children and adolescents or whether, in certain contexts of social vulnerability, it operates as an indirect form of punishment for parents. It is a qualitative, bibliographical, and documentary research, based on legislation, doctrine, and case law from the Federal Supreme Court and the Superior Court of Justice, aswell as institutional reports. Authors such as Maria Berenice Dias, Guilherme de Souza Nucci, and Sílvio de Salvo Venosa provide the theoretical foundation. The results indicate that, although substitute family placement is essential in cases of actual risk, its hasty application can worsen inequalities, weaken affective bonds, and remove children from families whose main difficulty is poverty. It is concluded that the State’s action must prioritize strengthening biological families by investing in public support policies so that substitute family placement is adopted only as a last resort, in line with the principles of full protection and the best interests of the child.