Direito à Convivência Familiar e Separação Compulsória: Discriminação e Estereótipos no caso Mães Órfãs de Belo Horizonte à luz dos Marcos Normativos Internacionais e Nacionais

The article examines the mismatch between child protection and family coexistence norms and their application in Brazil, where the compulsory separation of babies from their families is trivialized through the discriminatory application of the law and the use of gender, race, and class stereotypes. It provides an overview of international and national human rights protection systems and analyzes the case of the Mães Órfãs (“Orphaned Mothers”) of the city of Belo Horizonte. It highlights how non-conforming characteristics and marginalization conditions justify judicial decisions that promote the separation of children from their families and how these decisions reinforce stereotypes, perpetuate inequalities, and hold vulnerable women accountable for structural issues, presuming risk and incapacity for motherhood, violating their rights and those of their children.