"Direito da criança e do adolescente: qual o espaço da relacionalidade"
In Rivista Sophia IV,
. ISSN 2036-5047
Abstract: The analysis of society identifies ideologies and practices that contribute to the formation of an idea of childhood. There are models based on fear, incoherence, ignorance, alienation and an inability to cope with the other and, still more, if such otherness is also fragile, there are models that lay the basis for humanity’s distorted attitudes towards its children. Is it possible to understand human beings in their integrity and completeness without taking childhood into account, as if we were to attempt seeing the whole without the part? The formation of a new legal system that seriously considers the rights of children and adolescents is absolutely necessary, since it is vital that young people leave the condition of minors, that is, of almost-citizens, and become actual citizens. Indeed, a new legal system would offer the opportunity of developing a new paradigm based upon the reality of children themselves and not an ideology and praxis that restricts childhood. Statute law regarding children and adolescents has the role of regulating the Constitution to prevent it becoming a mere dead letter. Nonetheless, the existence of law proclaiming social rights cannot of its own change social structures. For this it is necessary to combine rights with effective social policy, as well as to ensure in fact the positive existence of such rights.