A evolução histórica dos direitos da criança e do adolescente: da insignificância jurídica e social ao reconhecimento de direitos e garantias fundamentais

Abstract

In describing the historical evolution of the rights of children and adolescents in Brazil, this article aims to analyze the treatment granted to them by the State at different times, as well as to verify the process of development and legal perfectioning of the legal system, especially considering the influences policies for citizenship and human rights. In this sense, we first present the treatment history up to the 19th century, a period characterized by the insignificance of children and adolescents. Next, an analysis of the increase of state tutelage by considering them to be imperfect beings. Finally, we discuss the main changes of this system by providing them with legal subjectivity, holders of rights and fundamental guarantees. The intention, finally, is to demonstrate the responsibility of the family, society and State, articulating the discussion between legal norms and public policies in order to highlight the actions that materialize the rights advocated by the Statute of the Child and the Adolescent, tending, therefore, , to the full protection of this public.