Análise sobre as decisões do STF acerca da responsabilidade civil sobre crianças e adolescentes em situações de genitores adictos

Abstract

This paper aims to analyze the understanding of civil liability for children and adolescents in situations involving addicted parents, with emphasis on the actions of the Brazilian legal system and the positioning of its main courts. In the meantime, this article aims to understand how fundamental rights are applied in such sensitive issues as the one described above, so that no principle is disregarded and their support is balanced. Furthermore, it will analyze the withdrawal of this civil liability from these parents and subsequently its transfer to other capable individuals, seeking to understand in which cases it applies to grandparents, other parental degrees or even adoption. Finally, it will analyze the implementation of the fundamental principles and the laws that underpin the Statute of Children and Adolescents (ECA) in the practical cases addressed by the Superior Federal Court (STF).