Destituição do poder familiar: celeridade processual e o impacto do procedimento no melhor interesse da criança e do adolescente

Abstract

This study analyzes the institute of termination of parental authority (destituição do poder familiar) through the lens of procedural celerity and the principle of the best interests of the child, seeking to understand how judicial delay undermines the effectiveness of the integral protection guaranteed by the 1988 Federal Constitution and the Statute of the Child and Adolescent. The research starts from the premise that the "time of childhood" is incompatible with the procedural slowness that characterizes the Brazilian judicial system, which, by prolonging the uncertainty of children in foster care, perpetuates the violation of fundamental rights. Initially, the study examines the historical evolution and constitutional foundations of parental authority, as well as the guiding principles of modern Family Law. It then discusses the procedure for termination and its practical implications, analyzing recent decisions of the Rio Grande do Sul Court of Justice and the Superior Court of Justice that highlight the need for a faster and more effective judicial response. The research concludes that termination of parental authority should not be understood as a punitive measure, but as a protective instrument whose effectiveness depends on the integration between the Judiciary and the social protection network. Thus, procedural celerity is reaffirmed as an essential requirement for ensuring the best interests of the child, guaranteeing the right to grow up in a stable, affectionate, and safe family environment. [resumo fornecido pelo autor]