Detalhes bibliográficos
| Ano de defesa: |
2019 |
| Autor(a) principal: |
Paula, Fausto Junqueira de
 |
| Orientador(a): |
Rodrigues, Oswaldo Peregrina |
| Banca de defesa: |
Não Informado pela instituição |
| Tipo de documento: |
Tese
|
| Tipo de acesso: |
Acesso aberto |
| Idioma: |
por |
| Instituição de defesa: |
Pontifícia Universidade Católica de São Paulo
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| Programa de Pós-Graduação: |
Programa de Estudos Pós-Graduados em Direito
|
| Departamento: |
Faculdade de Direito
|
| País: |
Brasil
|
| Palavras-chave em Português: |
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| Palavras-chave em Inglês: |
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| Área do conhecimento CNPq: |
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| Link de acesso: |
https://tede2.pucsp.br/handle/handle/22685
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Resumo: |
This research aims to delineate the legal foundations that justify an innovative approach for the right of education of children and adolescents inserted in childcare programs, without refraining from the deleterious mental and emotional health of this population, that is deprived of the right to family cohexistence, since this situation affects the cognitive ability, therefore, as a consequence, impairing the learning process. Obtaining the data through bibliographic research allowed us to identify the positive rupture promoted by the new constitutional order that introduces in the legal ordainment the doctrine of integral protection and removes the doctrine of irregular situation, promotes the editing of laws: Statute of the Child and the Adolescent (ECA) - Law 8069/90, Law 12010/09 and Law 12.594/12 focusing on the rights of children and adolescents. This normative framework, in line with general or specific norms of the Civil Code, Consolidation of Labor Laws (CLT), Law of Guidelines and Bases of National Education (LDBEN) which, received by the Federal Constitution, form a new branch of law, establishes an adequate legal microsystem for the protection of children and adolescents, and opens space for the participation of organized society or other institutions with a democratic profile. In this scenario the Public Prosecution Service emerges, which in addition to judicial action, adds the mission of acting as an agent of social transformation and inducer of public policies in the extrajudicial scenario. The Permanent Educational Forum of Children and Adolescents, inserted in Reception Programs, is an instrument for humanizing the measurement and qualification of the educational process of the host, based on the constitutional principles of integral protection, social transformation and democratic management of education. Its articulation is a task for which the Public Prosecution Service, defender of the democratic regime, of unavailable social and individual rights, is dedicated. The thesis portrays the fundamentals, circumstances, results and perspectives of the project implemented in the District of São José dos Campos/SP by the Prosecutor's Office in partnership with the service network and the local community, formalized through an Administrative Follow-up Procedure (EAP). It is proposed to regulate the Permanent Forum model as a skillful instrument for articulating the care network to address certain chronic situations of threat and injury to rights |
