Abstract
The article aims to discuss the judicialization of violated rights of children and adolescents, having the Institutional Foster Care processes as the object of study. This research, conducted in 2021, analyzed documents from 32 judicial proceedings. The selective steps considered the existence of a petition filed by the Guardianship Council, a statement by the Public Prosecution and the Judicial Foster Care Form. The interpretation and analysis of the collected qualitative data was based on the Content Analysis technique. The research results suggest, among others, that the violation factor (family neglect) is expressively indicated as a motivation for institutional foster care, and that the measures applied by the justice system to parents or guardians are expressed in rare articulations between public policies for social protection. Furthermore, the data suggest that the Rights Guarantee System has not prioritized the right to family and community coexistence, which re-victimizes children and adolescents and violates infra-constitutional principles, first by institutionalization them and second by the suspending visits from parents, guardians and/or extended family members, thus breaking family ties.
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