FUNDAMENTAL RIGHT TO FAMILY LIVING

the natural family as a directive and the new law that it allows to give up the child to the childhood and youth justice

Abstract

The voluntary surrender of the child and sponsorship was regulated in Law 13.509 / 2017, it is allowing the spontaneous surrender of the child, without constraint and confidentially, to avoid the donation of a child that intensifies the vulnerable situation of abandoned and violated children, by parents who don’t have the needed and legally parental responsibility required to care for the child, as well as the possibility of sponsorship, which it is nothing more than legal permission for welcoming families to live with children and adolescents outside the institution, in a true family environment that it minimizes loneliness of institutionalized childhood and adolescence. This research aims to analyze the concept of family, in the breadth of family relationships today, it taking into account the principles of Integral Protection, Guarantee of Priority and Best Interest of the Child, as well as the concept of natural and substitute family. The research technique was bibliographic and documentary, it extracted from the referenced works, the method used is the hypothetical-deductive. The proposed problem is the legal concept of family, based on the legislation applicable to the kind, it is highlighting the new legislation on Family Living, the child surrender, sponsorship and the procedures for the removal of family power and placement in a substitute family.