A NECESSIDADE DA INTERVENÇÃO LEGISLATIVA NO REGRAMENTO DA CONVIVÊNCIA FAMILIAR SOB O PRISMA DO ESTATUTO DA CRIANÇA E DO ADOLESCENTE (ECA)

Abstract

This scientific article presents a comprehensive analysis of the Statute of the Child and Adolescent (ECA), highlighting its history, importance, and addressing the need for state intervention in the face of the fallibility of the family institution. The first chapter examines the historical trajectory that led to the creation of the ECA in 1990, emphasizing its role as a legal landmark in protecting the rights of children and adolescents in Brazil. It explores the importance of the ECA as an instrument to ensure comprehensive protection, dignity, and healthy development for children and adolescents. In the second chapter, we address the importance of state intervention in situations where the family institution faces challenges or shortcomings in the protection and care of children and adolescents. We discuss the reasons that justify this intervention, including ensuring the principle of absolute priority and the need to prevent and combat abuse and neglect. The third chapter focuses on the regulation of family coexistence established by the ECA. It explores the guiding principles, procedures, and protections provided by the statute to ensure that family coexistence is safe and beneficial for children and adolescents. This article seeks to provide a comprehensive view of the role of the ECA in protecting the rights of children and adolescents, highlighting the need for state intervention when the family institution does not fulfill its role adequately. It emphasizes the importance of family coexistence regulated by the ECA as a crucial element for the well-being and healthy development of future generations in Brazil.