The aim of this study was to critically discuss Brazilian law, especially the Children's Code, Children and Adolescent Statute and New National Adoption Law, with regard to guaranteeing the right of institutionalized children and adolescents to live in a family and community environment. Theoretical and unsystematic analysis was performed of the Brazilian legislation based on bibliographical and documentary research. Analysis of legislation shows an important development both in the understanding of childhood and youth as well as in the ways to handle and assist children and adolescents in a situation of social vulnerability. Although Children and Adolescent Statute represents an advance compared with the Children' Code, the New National Adoption Law is a real engine for paradigm changes, since it presents specific guidelines to guarantee of the right of institutionalized children and adolescents to live in a family and community environment.
Children advocacy; Institutionalization; Family relations; Bylaws, health law