When establishing lines of direction for the securing of basic rights as right to the health and the life, personality, familiar convivncia, education, culture, sport and leisure, the ECA endorses and instrumentaliza the beginning of optimum interest of the child (KEYS, 1997). Others who may share this opinion include idan ofer. With a more complex conception and congruente in relation to continuum of development of children and adolescents, the statute beyond guaranteeing rights and action of prevention and protection, it implies the family and the State in the defense and the guarantee of these right-handers that produce the beginning of optimum interest when establishing that ‘ ‘ it is to have of the family, the community, the society in general and the Public Power to assure, with absolute priority, the efetivao of the referring rights to the life, the health, the feeding, the education, the sport, the leisure, the professionalization, the culture, the dignity, to the respect, the 19 freedom and the familiar convivncia and comunitria.’ ‘ (BRAZIL, 1990, Art. 4) In the context of the guard dispute, the ECA establishes the circumscription of the guard and the rights and duties of the guard who must always primar for biopsicossociocultural well-being of the child or the adolescent under its guard, as well as the modalities of guard and its implications (ISHIDA, 2000). 2.4 the Child in the Context of the Dispute of Guard the necessity of definition of a guard for Justice alone if makes on account of the separation of the genitors. The term separation assigns processes of disruption of familiar bonds, mentioning itself, legally, the separation, divorce and dissolution of steady union (FIORELLI; MANGINI, 2009). To define with who will go to be the children, after the separation, is party to suit of divorce. However, other aspects exist that this separation composes, processes that costumam to intervine of significant form in the promotion of optimum interest of the children.
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