THE ROLE OF THE STATE AND THE LIMITS OF ITS ACTION IN GUARANTEEING EDUCATION FOR CHILDREN AND ADOLESCENTS IN CASE OF PARENTAL ABANDONMENT OR NEGLECT

Abstract

The present article aims primarily to promote reflection on the role assumed by the State as the guarantor of the education of children and adolescents in cases where parental abandonment or neglect is evident. To understand this issue, it is necessary, first, to contextualize the right to education as a fundamental guarantee enshrined in the Brazilian Federal Constitution and other legislation. Following this, it is essential to examine the role of the State in a discussion about the limits of state intervention, considering that, as will be addressed, it is crucial to balance the protection of children's and adolescents' rights with respect for family autonomy and the principles of minimal intervention—this balance is often challenging and involves complex ethical and legal considerations. Finally, suggestions and recommendations will be presented for improving public policies and intervention practices, aiming for greater effectiveness in ensuring the right to education and protecting children and adolescents against neglect and parental abandonment.