Órfãos da pandemia: o papel do estado à luz do ordenamento jurídico brasileiro

Abstract

The article is about the legal responsibility of the Brazilian state in relation to the orphans born out of the COVID-19 pandemic, in order to understand the origin of this situation, to identify the damage that has been caused, in turn to develop the best public policy measures to lighten the problem. It also seeks to discourse the influences of this circumstance on the precariousness of the Child and Adolescent Statute, in order to prove the need for new protection measures. Therefore, the explanatorydocumentary research aims to show the existence of serious consequences to the orphans originating from the pandemic, and also to prove the demand for actions. Moreover, it uses the hypothetical-deductive and dialectical methods, because it starts from the hypothesis of the existence of the problem generated by the health crisis, and through statistical data plus bibliographic analysis, reflections are made on the fundamental rights involved and the responsibility of the State, presenting limits and possibilities.