A proteção integral e prioritária à criança como dever fundamental dos pais: uma análise a partir da relação entre pais fumantes e seus filhos

Abstract

The art. 227 of the Constitution of the Republic of 1988 establishes that it is the duty of the family, society and the State to fully guarantee to the child, adolescent and young person the whole complex of rights inherent to the basic for their better education. In this way, it is possible to extract from this device a fundamental right to the integral protection of children, which must be fulfilled by both the family, the society and the State. From that point on, we perceive the relationship of smoking mothers and fathers with their children, still in gestation, or in the first years of life, emphasizing that this relationship may cause, especially to children, serious damages to their health, or even lead to fetal abortion in intrauterine development. Therefore, it is seeking the realization of the fundamental right of integral protection to children, who will discuss the possibility of setting up a fundamental duty of parents to assure them of this situation, analyzing this context in the light of the relationship between gestation and the first years of life among smoking parents and their children.