30 anos da Lei nº 8.560/1992: contribuições atinentes aos direitos das crianças e dos adolescentes no Brasil

Abstract

The present work seeks to analyze the contributions that Law nº 8.560/1992 brought for the rights of children and adolescents in Brazil, particularly with regard to regarding the recognition of paternal filiation. First, a brief historical allusion to the rights of minors in Brazil, which gradually replaced the conception of mere objects of protection by the recognition of the condition of beings in full development, in need of special State protection and appropriate. Given this scenario, the work discusses the principle of affectivity and the right to a healthy family life, demonstrating that the abandonment paternal, in the material and affective sphere, prevents its effectiveness, which predisposes the triggering of problems that subject children and adolescents. Furthermore, reference is made to the “Pai Presente” Program, an initiative of the of Justice, which led to important changes in Law No. 8,560/1992. Per Finally, the present work includes an analysis of statistical data about the number of children registered only by the mother, which shows a aspect of fragility of the law under analysis, making suggestions to be implemented by the Public Power, in order to ensure the full efficiency of the purposes intended by the Law No. 8.560/1992