Análise crítica dos pressupostos da família de acolhimento

Abstract

This work proposes a critical analysis of the assumptions of the foster family in the Mozambican context. The investigation focuses on the requirements and limitations imposed by legislation, with an emphasis on the fundamental principles of human dignity, protection and prevalence of the best interests of the child and the equality of the foster family with the natural family. We explore the need for a judicial decision for the effectiveness of the foster family, identifying potential challenges such as delays, costs and complexity of the process. We highlight the importance of more flexible and agile solutions, aligned with the principles of child protection and respect for the dignity of the host. Another critical point examined refers to the limiting age requirement (of the host) for succession in the host family. We argue that such a limitation may raise concerns regarding the violation of the subjective rights of the host and the contradiction to the basic principles of equality with the natural family and the purpose of providing parental power in an alternative way. Our analysis emphasizes the need for a more holistic and sensitive approach to the individual circumstances of minors in care, promoting an effective reconciliation between legal requirements and underlying humanitarian principles. We conclude that the review and adjustment of these assumptions are essential to guarantee cohesion between Mozambican legislation and the universal values of child protection and human dignity