Órfãos pelo Estado: do isolamento compulsório à proteção dos direitos fundamentais na Constituição Federal de 1988

Abstract

This study analyzes the legal and social implications of the sanitary segregation policy imposed on people with leprosy in Brazil between the 1930s and 1980s, with an emphasis on the compulsory separation of their children and the consequent rupture of family ties legitimized by state directives. Although the investigation addresses issues on a national scale, the state of Maranhão was adopted as the regional focus to deepen the understanding of these policies through local experiences. The central objective is to understand how such state practices violated fundamental constitutional principles, such as human dignity, the right to family life, and the integral protection of children, while also reflecting on the limits of state accountability for historical violations. The research was conducted through a qualitative approach based on bibliographic and documentary analysis, including scientific articles, legislation, institutional studies, and official records, as well as the examination of Civil Inquiry N. 1.19.000.000620/2024-05, initiated by the Federal Public Prosecutor’s Office to investigate a possible irregular adoption during the isolation regime. The findings indicate that the State, by institutionalizing the exclusion of individuals affected by leprosy and neglecting the rights of their children, perpetrated structural violations whose effects still resonate today. It is concluded that, although recent advances such as the enactment of Law n. 14.736/2023 represent some progress, the reparatory measures adopted remain insufficient in view of the complexity and depth of the harm caused, demanding greater commitment to memory, justice, and the effective protection of fundamental rights