Child and Adolescent Statute

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Provides for the Statute of Children and Adolescents and makes other provisions.

 

Preamble

THE PRESIDENT OF THE REPUBLIC: I make it known that the National Congress decrees and I sanction the following Law:

 

Title I – Preliminary Provisions

Article 1

This Law provides for full protection for children and adolescents.

Article 2

For the purposes of this Law, a person is considered to be a person up to twelve years of age incomplete, and a teenager to be between twelve and eighteen years of age.
Single paragraph. In the cases expressed by law, this Statute applies exceptionally to persons between eighteen and twenty-one years of age.

Article 3

Children and adolescents enjoy all the fundamental rights inherent to the human person, without prejudice to the full protection referred to in this Law, assuring them, by law or by other means, of all opportunities and facilities, in order to provide physical, mental, moral, spiritual and social development, under conditions of freedom and dignity.

Article 4

It is the duty of the family, the community, society in general and the government to ensure, with absolute priority, the realization of the rights relating to life, health, food, education, sport, leisure, professionalization, culture , dignity, respect, freedom and family and community coexistence.
Single paragraph. The guarantee of priority comprises:
a) the primacy of receiving protection and assistance in any circumstances;
b) precedence of service in public services or of public relevance;
c) preference in the formulation and execution of public social policies;
d) privileged allocation of public resources in areas related to the protection of children and youth.

Article 5

No child or adolescent will be the object of any form of negligence, discrimination, exploitation, violence, cruelty and oppression, under the law any punishment for any act or omission to their fundamental rights.

Article 6

The interpretation of this Law will take into account the social ends to which it is directed, the requirements of the common good, the individual and collective rights and duties, and the peculiar condition of children and adolescents as people in development.

Title II – Fundamental Rights

Chapter I – The Right to Life and Health

Article 7

Children and adolescents have the right to protection of life and health, through the implementation of public social policies that allow birth and healthy and harmonious development, in conditions worthy of existence.

Article 8

Pre- and perinatal care is provided to pregnant women through the Unified Health System.
§ 1 The pregnant woman will be referred to the different levels of care, according to specific medical criteria, obeying the principles of regionalization and hierarchy of the System.
§ 2 The parturient woman will be seen preferably by the same doctor who accompanied her during the prenatal phase.
§ 3 – It is incumbent on the public power to provide food support to pregnant women and mothers who need it.

• 4 It is incumbent on the public power to provide psychological assistance to pregnant women and mothers, in the pre and post-natal period, including as a way of preventing or lessening the consequences of the puerperal state. (Included by Law No. 12,010, 2009)
• 5 The assistance referred to in § 4 of this article must also be provided to pregnant women or mothers who express an interest in delivering their children for adoption. (Included by Law No. 12,010, 2009)

 

Article 9

Public authorities, institutions and employers will provide adequate conditions for breastfeeding, including the children of mothers subjected to a custodial measure.

Article 10

Hospitals and other health care establishments for pregnant women, public and private, are required to:
I – keep a record of the activities carried out, through individual medical records, for a period of eighteen years;
II – identify the newborn by registering his plantar and fingerprint and the mother’s fingerprint, without prejudice to other forms standardized by the competent administrative authority;
III – carry out exams aiming at the diagnosis and treatment of abnormalities in the newborn’s metabolism, as well as providing guidance to parents;
IV – provide a declaration of birth where the complications of childbirth and the development of the newborn are necessarily included;
V – maintain joint accommodation, allowing the newborn to stay with the mother.

Article 11

Art. 11. Medical care for children and adolescents is ensured through the Unified Health System, guaranteeing universal and equal access to actions and services for the promotion, protection and recovery of health.
Art. 11. Comprehensive health care for children and adolescents is ensured through the Unified Health System, guaranteeing universal and equal access to actions and services for the promotion, protection and recovery of health. (Wording given by Law No. 11,185, of 2005)
§ 1 The disabled child and adolescent will receive specialized care.
§ 2 It is incumbent upon the public power to provide free of charge to those who need medicines, prostheses and other resources related to treatment, habilitation or rehabilitation.

Article 12

Health care establishments must provide conditions for a parent or guardian to stay full time in cases of hospitalization of a child or adolescent.

Article 13

Cases of suspicion or confirmation of ill-treatment against children or adolescents must be reported to the Guardian Council of the respective locality, without prejudice to other legal measures.

Single paragraph. Pregnant women or mothers who express an interest in delivering their children for adoption will necessarily be referred to the Child and Youth Court. (Included by Law No. 12,010, 2009)

Article 14

The Unified Health System will promote medical and dental assistance programs for the prevention of diseases that commonly affect the child population, and health education campaigns for parents, educators and students.
Single paragraph. Vaccination of children is mandatory in cases recommended by health authorities.

Chapter II – From the Right to Freedom, Respect and Dignity

Article 15

Children and adolescents have the right to freedom, respect and dignity as human persons in the process of development and as subjects of civil, human and social rights guaranteed by the Constitution and the laws.

Article 16

The right to freedom comprises the following aspects:
I – to go, come and be in public places and community spaces, except for legal restrictions;
II – opinion and expression;
III – religious belief and worship;
IV – playing, playing sports and having fun;
V – participate in family and community life, without discrimination;
VI – participate in political life, in accordance with the law;
VII – seek refuge, assistance and guidance.

Article 17

The right to respect consists of the inviolability of the physical, psychological and moral integrity of the child and adolescent, encompassing the preservation of the image, identity, autonomy, values, ideas and beliefs, spaces and personal objects.

Article 18

It is everyone’s duty to watch over the dignity of the child and adolescent, making them safe from any inhuman, violent, terrifying, vexing or embarrassing treatment.

Chapter III – From the Right to Family and Community Living

Section I – General Provisions

Article 19

Every child or adolescent has the right to be raised and educated within his family and, exceptionally, in a substitute family, ensuring family and community coexistence, in an environment free from the presence of people dependent on narcotic substances.

Paragraph 1. Every child or adolescent who is part of a family or institutional care program will have their situation reassessed at most every 6 (six) months, with the competent judicial authority, based on a report prepared by an interprofessional or multidisciplinary team, deciding reasoned by the possibility of family reintegration or placement in a substitute family, in any of the modalities provided for in art. 28 of this Law. (Included by Law No. 12,010, 2009)

Paragraph 2. The permanence of the child and adolescent in an institutional care program will not extend for more than 2 (two) years, unless proven to be in the best interest, duly substantiated by the judicial authority. (Included by Law No. 12,010, 2009)

• 3 The maintenance or reintegration of a child or adolescent into his family will have preference over any other measure, in which case it will be included in orientation and assistance programs, under the terms of the sole paragraph of art. 23, of items I and IV of the caput of art. 101 and items I to IV of the caput of art. 129 of this Law. (Included by Law No. 12,010, 2009)

Article 20

Children, whether or not they are in the marriage relationship, or by adoption, will have the same rights and qualifications, prohibiting any discriminatory designations related to affiliation.

Article 21

Family power will be exercised, under equal conditions, by the father and mother, in accordance with the provisions of civil law, ensuring the right of any of them to, in case of disagreement, resort to the competent judicial authority to resolve the divergence. (Expression replaced by Law No. 12,010, 2009)

Article 22

Parents are responsible for the maintenance, custody and education of their minor children, and they are also obliged, in their interest, to comply with and enforce judicial orders.

Article 23

The lack or lack of material resources is not a sufficient reason for the loss or suspension of family power. (Expression replaced by Law No. 12,010, 2009)
Sole paragraph. If there is no other reason that in itself authorizes the decree of the measure, the child or adolescent will be kept in his family of origin, which must be included in official aid programs.

Article 24

The loss and suspension of family power will be judicially decreed, in a contradictory procedure, in the cases provided for in civil law, as well as in the case of unjustified non-compliance with the duties and obligations referred to in art. 22. (Expression replaced by Law No. 12,010, 2009)

Section II – The Natural Family

Article 25

A natural family is understood to mean the community formed by the parents or any of them and their descendants.

Single paragraph. An extended or extended family is understood as one that extends beyond the parent-child unit or the couple unit, formed by close relatives with whom the child or adolescent lives and maintains bonds of affinity and affection. (Included by Law No. 12,010, 2009)

Article 26

Children born out of wedlock may be recognized by the parents, jointly or separately, at the birth term, by will, by deed or other public document, whatever the origin of the affiliation.
Single paragraph. Recognition can precede the birth of the child or succeed it to death, if it leaves descendants.

Article 27

The recognition of the state of affiliation is a very personal right, unavailable and imprescriptible, and it can be exercised against the parents or their heirs, without any restriction, observing the secrecy of Justice.

Section III – Substitute Family

Subsection I – General Provisions

Article 28

The placement in a substitute family will be done through custody, guardianship or adoption, regardless of the legal situation of the child or adolescent, under the terms of this Law.

• 1 Whenever possible, the child or adolescent will be previously heard by an interprofessional team, respecting their stage of development and degree of understanding about the implications of the measure, and their opinion will be duly considered. (Wording given by Law No. 12,010, 2009)
• 2 In the case of being over 12 (twelve) years of age, your consent, obtained in audience, will be necessary. (Wording given by Law No. 12,010, 2009)
• 3 When considering the request, the degree of kinship and the relationship of affinity or affectivity will be taken into account, in order to avoid or lessen the consequences resulting from the measure. (Included by Law No. 12,010, 2009)
• 4 The groups of brothers will be placed under adoption, guardianship or custody of the same substitute family, except for the proven existence of risk of abuse or other situation that fully justifies the exceptionality of a different solution, seeking, in any case, to avoid breaking definitive fraternal bonds. (Included by Law No. 12,010, 2009)

Paragraph 5. The placement of the child or adolescent in a substitute family will be preceded by their gradual preparation and subsequent monitoring, carried out by the interprofessional team at the service of the Child and Youth Justice, preferably with the support of the technicians responsible for the execution of the municipal policy of guarantee of the right to family life. (Included by Law No. 12,010, 2009)

• 6 In the case of a child or adolescent who is indigenous or comes from a quilombo community, it is also mandatory: (Included by Law No. 12,010, 2009)

I – that their social and cultural identity, customs and traditions, as well as their institutions be considered and respected, as long as they are not incompatible with the fundamental rights recognized by this Law and the Federal Constitution; (Included by Law No. 12,010, 2009)

II – that family placement occurs primarily within their community or with members of the same ethnicity; (Included by Law No. 12,010, 2009)

III – the intervention and hearing of representatives of the federal agency responsible for indigenous policy, in the case of indigenous children and adolescents, and of anthropologists, before the interprofessional or multidisciplinary team that will accompany the case. (Included by Law No. 12,010, 2009)

Article 29

A person who is in any way incompatible with the nature of the measure or does not offer an adequate family environment will not be deemed to be a substitute family member.

Article 30

The placement in a substitute family will not allow the transfer of the child or adolescent to third parties or to governmental or non-governmental entities, without judicial authorization.

Article 31

Placement in a foreign substitute family is an exceptional measure, only admissible in the form of adoption.

Article 32

Upon assuming custody or guardianship, the person in charge will give a commitment to do the job faithfully and faithfully, upon termination in the records.

Subsection II – From Guarda

Article 33

The custody requires the provision of material, moral and educational assistance to the child or adolescent, giving its holder the right to oppose third parties, including parents.
§ 1 The custody is intended to regularize the possession of fact, and may be granted, injunction or incidentally, in the procedures of guardianship and adoption, except in the adoption by foreigners.
§ 2 Exceptionally, custody will be deferred, outside of the guardianship and adoption cases, to attend to peculiar situations or to make up for the eventual absence of the parents or guardian, and the right of representation for the practice of certain acts may be granted.
§ 3 The custody confers on the child or adolescent the condition of dependent, for all legal purposes and effects, including social security.

Paragraph 4. Unless expressly and substantiated to the contrary, by the competent judicial authority, or when the measure is applied in preparation for adoption, the granting of child or adolescent custody to third parties does not prevent the exercise of the right of visits by parents, as duty to provide maintenance, which will be subject to specific regulations, at the request of the interested party or the Public Prosecutor. (Included by Law No. 12,010, 2009)

Article 34

The government will encourage, through legal assistance, tax incentives and subsidies, the reception, in the form of custody, of a child or adolescent away from family life. (Wording given by Law No. 12,010, 2009)

• 1 The inclusion of the child or adolescent in family care programs will have preference over their institutional care, observing, in any case, the temporary and exceptional character of the measure, under the terms of this Law. (Included by Law No. 12,010, 2009)

Paragraph 2. In the event of Paragraph 1 of this article, the person or couple registered in the family reception program may receive the child or adolescent under custody, subject to the provisions of arts. 28 to 33 of this Law. (Included by Law No. 12,010, 2009)

 

Article 35

The custody may be revoked at any time, by means of a reasoned judicial act, after hearing the Public Ministry.

Subsection III – Guardianship

Article 36

Guardianship will be granted, under the terms of civil law, to a person up to 18 (eighteen) years of age. (Wording given by Law No. 12,010, 2009)
Sole paragraph. The granting of guardianship presupposes the prior decree of the loss or suspension of family power and necessarily implies the duty of custody. (Expression replaced by Law No. 12,010, 2009).

Article 37

The tutor appointed by will or any authentic document, as provided for in the sole paragraph of art. 1,729 of Law No. 10,406, of January 10, 2002 – Civil Code, must, within 30 (thirty) days after the opening of the succession, file a request for judicial control of the act, observing the procedure provided for in arts. 165 to 170 of this Law. (Wording given by Law No. 12,010, 2009)
Sole paragraph. When assessing the request, the requirements provided for in arts. 28 and 29 of this Law, only the guardianship being granted to the person indicated in the last will provision, if it remains proven that the measure is advantageous to the guardianship and that there is no other person in better conditions to assume it. (Wording given by Law No. 12,010, 2009)

Article 38

The provisions of art. 24.

Subsection IV – Adoption

Article 39

The adoption of children and adolescents will be governed according to the provisions of this Law.

Paragraph 1. Adoption is an exceptional and irrevocable measure, which should be resorted to only when the resources for maintaining the child or adolescent in the natural or extended family have been exhausted, in the form of the sole paragraph of art. 25 of this Law. (Included by Law No. 12,010, 2009)

• 2. Adoption by proxy is prohibited. (Included by Law No. 12,010, 2009)

 

Article 40

The adoptee must be, at the most, eighteen years old at the date of the request, unless it is already under the custody or tutelage of the adopters.

Article 41

Adoption attributes the status of a child to the adoptee, with the same rights and duties, including inheritance, disconnecting him from any relationship with parents and relatives, except for marriage impediments.
§ 1 If one of the spouses or concubines adopts the other’s child, the bonds of affiliation between the adopted and the adopter’s spouse or concubine and the respective relatives are maintained.
§ 2 The right of succession between the adoptee, his descendants, the adopter, his ascendants, descendants and collaterals up to the 4th degree is reciprocal, subject to the order of hereditary vocation.

Article 42

They can adopt those over 18 (eighteen) years old, regardless of marital status. (Wording given by Law nº 12.010, of 2009)
§ 1º They cannot adopt the ancestors and the brothers of the adoptee.
§ 2 For joint adoption, it is essential that the adopters are civilly married or maintain a stable union, the family’s stability being proven. (Wording given by Law No. 12,010, of 2009)
§ 3º The adopter must be at least sixteen years older than the adopting.
§ 4 The divorced, the legally separated and the ex-partners can adopt jointly, as long as they agree on the custody and the visiting regime and provided that the coexistence stage has been initiated in the constancy of the coexistence period and that the existence is proven affinity and affection bonds with those who do not have custody, which justify the exceptionality of the concession. (Wording given by Law No. 12,010, 2009)
Paragraph 5 In the cases of Paragraph 4 of this article, provided that effective benefit is shown to the adopter, shared custody will be ensured, as provided for in art. 1,584 of Law No. 10,406, of January 10, 2002 – Civil Code. (Wording given by Law No. 12,010, 2009)

Paragraph 6. Adoption may be granted to the adopter who, after an unequivocal expression of will, dies in the course of the procedure, before the sentence is rendered. (Included by Law No. 12,010, 2009)

Article 43

Adoption will be deferred when it presents real advantages for the adopter and is based on legitimate reasons.

Article 44

As long as it is not able to manage and balance its reach, the tutor or the curator cannot adopt the pupil or curatelado.

Article 45

Adoption depends on the consent of the adopting parent or legal representative.
§ 1. Consent will be waived in relation to the child or adolescent whose parents are unknown or have been deprived of family power. (Expression replaced by Law No. 12,010, 2009)
Paragraph 2. In the case of adopting older than twelve years of age, your consent will also be required.

Article 46

Adoption will be preceded by an internship with the child or adolescent, for the period established by the judicial authority, subject to the peculiarities of the case.
§ 1 The coexistence stage may be dispensed with if the adoptee is already under the tutelage or legal guardian of the adopter for sufficient time so that it is possible to evaluate the convenience of establishing the bond. (Wording given by Law nº 12,010, of 2009)
§ 2 The simple custody in fact does not, in itself, authorize the exemption from the accomplishment of the coexistence stage. (Wording given by Law No. 12,010, 2009)

Paragraph 3. In the case of adoption by a person or couple resident or domiciled outside the country, the coexistence stage, completed in the national territory, will be of at least 30 (thirty) days. (Included by Law No. 12,010, 2009)

• 4 The coexistence internship will be accompanied by the interprofessional team at the service of the Child and Youth Justice, preferably with the support of the technicians responsible for implementing the policy of guaranteeing the right to family coexistence, who will present a detailed report on the convenience of granting the measure. . (Included by Law No. 12,010, 2009)

 

Article 47

The adoption link is constituted by a judicial sentence, which will be registered in the civil registry by means of a warrant of which no certificate will be provided.
§ 1 The registration will include the name of the adopters as parents, as well as the name of their ancestors.
§ 2 The court order, which will be filed, will cancel the original registration of the adopted.
Paragraph 3. At the request of the adopter, the new registration may be drawn up at the Civil Registry Office of the Municipality of his residence. (Wording given by Law No. 12,010, 2009).
§ 4 No observation on the origin of the act may appear on the registration certificates. (Wording given by Law No. 12,010, 2009).
§ 5 The sentence will give the adoptee the name of the adopter and, at the request of any of them, may determine the modification of the first name. (Wording given by Law No. 12,010, of 2009)
§ 6º If the first name modification is required by the adopter, the adoptee’s hearing is mandatory, observing the provisions of §§ 1 and 2 of art. 28 of this Law. (Wording given by Law No. 12,010, 2009)

• 7 The adoption takes effect from the final decision of the constitutive sentence, except in the case provided for in § 6 of art. 42 of this Law, in which case it will be retroactive to the date of death. (Included by Law No. 12,010, 2009)
• 8 The adoption process as well as others related to it will be kept on file, admitting its storage in microfilm or by other means, its preservation guaranteed for consultation at any time. (Included by Law No. 12,010, 2009)

Article 48

The adoptee has the right to know his biological origin, as well as to obtain unrestricted access to the process in which the measure was applied and its eventual incidents, after completing 18 (eighteen) years. (Wording given by Law No. 12,010, 2009)

Single paragraph. Access to the adoption process may also be granted to the adoptee under 18 (eighteen) years of age, at their request, with legal and psychological guidance and assistance ensured. (Included by Law No. 12,010, 2009)

Article 49

The death of adopters does not restore the family power of natural parents. (Expression replaced by Law No. 12,010, 2009)

Article 50

The judicial authority will maintain, in each district or regional forum, a register of children and adolescents in conditions to be adopted and another one of persons interested in the adoption.
§ 1 The approval of the registration will take place after prior consultation with the technical bodies of the court, after hearing the Public Ministry.
§ 2 The registration will not be granted if the interested party does not satisfy the legal requirements, or any of the hypotheses provided for in art. 29.

Paragraph 3. The enrollment of postulants for adoption will be preceded by a period of psychosocial and legal preparation, guided by the technical team of the Child and Youth Justice, preferably with the support of the technicians responsible for implementing the municipal policy to guarantee the right to family life. (Included by Law No. 12,010, 2009)

• 4 Whenever possible and recommended, the preparation referred to in § 3 of this article will include contact with children and adolescents in foster care or institutional conditions in a position to be adopted, to be carried out under the guidance, supervision and evaluation of the technical team of the Justice of the Childhood and Youth, with the support of the technicians responsible for the reception program and for the execution of the municipal policy to guarantee the right to family life. (Included by Law No. 12,010, 2009)
• 5 State and national registries of children and adolescents in conditions to be adopted and of persons or couples qualified for adoption will be created and implemented. (Included by Law No. 12,010, 2009)
• 6 There will be separate registrations for persons or couples residing outside the country, who will only be consulted in the absence of qualified national applicants in the registrations mentioned in § 5 of this article. (Included by Law No. 12,010, 2009)
• 7 The state and federal authorities in matters of adoption will have full access to the registers, entrusting them with the exchange of information and mutual cooperation, for the improvement of the system. (Included by Law No. 12,010, 2009)
• 8 The judicial authority shall provide, within 48 (forty-eight) hours, the enrollment of children and adolescents in conditions to be adopted who did not have a family placement in the district of origin, and of the persons or couples who had their qualification granted. adoption in the state and national registries referred to in § 5 of this article, under penalty of liability. (Included by Law No. 12,010, 2009)
• 9 It is the responsibility of the Central State Authority to ensure the maintenance and correct feeding of the records, with subsequent communication to the Central Federal Brazilian Authority. (Included by Law No. 12,010, 2009)
• 10. International adoption will only be granted if, after consulting the register of persons or couples eligible for adoption, maintained by the Child and Youth Justice in the district, as well as the state and national registries referred to in § 5 of this article, it is not found interested with permanent residence in Brazil. (Included by Law No. 12,010, 2009)
• 11. As long as no person or couple interested in their adoption is located, the child or adolescent, whenever possible and recommended, will be placed under custody of a family registered in a family reception program. (Included by Law No. 12,010, 2009)
• 12. The feeding of the register and the careful convocation of postulants for adoption will be supervised by the Public Ministry. (Included by Law No. 12,010, 2009)
• 13. Adoption can only be granted in favor of a candidate domiciled in Brazil not previously registered under the terms of this Law when: (Included by Law No. 12,010, 2009)

I – it is a request for unilateral adoption; (Included by Law No. 12,010, 2009)

II – is formulated by a relative with whom the child or adolescent maintains bonds of affinity and affection; (Included by Law No. 12,010, 2009)

III – originated from the request of those who hold the guardianship or legal custody of a child over 3 (three) years of age or an adolescent, provided that the lapse of coexistence proves the establishment of bonds of affinity and affectivity, and the occurrence of bad faith or any of the situations provided for in arts. 237 or 238 of this Law. (Included by Law No. 12,010, 2009)

• 14. In the cases provided for in § 13 of this article, the candidate must prove, in the course of the procedure, that he meets the necessary requirements for adoption, as provided for in this Law. (Included by Law No. 12,010, 2009)

 

Article 51

International adoption is considered to be one in which the applicant or couple is resident or domiciled outside of Brazil, as provided for in Article 2 of the Hague Convention of 29 May 1993, Relating to the Protection of Children and Cooperation in Matters of Adoption International, approved by Legislative Decree No. 1, of January 14, 1999, and promulgated by Decree No. 3.087, of June 21, 1999. (Wording given by Law No. 12,010, 2009)
§ 1 The international adoption of a child or adolescent Brazilian or domiciled in Brazil will only take place when proven: (Wording given by Law No. 12,010, 2009)

I – that placement in a substitute family is the appropriate solution for the specific case; (Included by Law No. 12,010, 2009)

II – that all possibilities of placing the child or adolescent in a substitute Brazilian family have been exhausted, after consulting the records mentioned in art. 50 of this Law; (Included by Law No. 12,010, 2009)

III – that, in the case of adolescent adoption, he was consulted, by means appropriate to his stage of development, and that he is prepared for the measure, by means of an opinion prepared by an interprofessional team, observing the provisions of §§ 1 and 2 of art. 28 of this Law. (Included by Law No. 12,010, of 2009)
Paragraph 2. Brazilians living abroad will have preference over foreigners, in cases of international adoption of a Brazilian child or adolescent. (Wording given by Law No. 12,010, of 2009)
§ 3º The international adoption presupposes the intervention of the State and Federal Central Authorities in matters of international adoption. (Wording given by Law No. 12,010, 2009)

Article 52

International adoption will follow the procedure provided for in arts. 165 to 170 of this Law, with the following adaptations: (Wording given by Law No. 12,010, 2009)

I – the foreign person or couple, interested in adopting a Brazilian child or adolescent, must submit a request for qualification for adoption before the Central Authority in matters of international adoption in the host country, thus understood the one where their habitual residence is located; (Included by Law No. 12,010, 2009)

II – if the Central Authority of the host country considers that the applicants are qualified and able to adopt, it will issue a report containing information on the identity, legal capacity and suitability of the applicants to adopt, their personal, family and medical situation, their social environment, the reasons that motivate them and their aptitude to assume an international adoption; (Included by Law No. 12,010, 2009)

III – the Central Authority of the host country will send the report to the Central State Authority, with a copy to the Central Federal Brazilian Authority; (Included by Law No. 12,010, 2009)

IV – the report will be instructed with all the necessary documentation, including a psychosocial study prepared by a qualified interprofessional team and a certified copy of the relevant legislation, accompanied by the respective proof of validity; (Included by Law No. 12,010, 2009)

V – documents in a foreign language shall be duly authenticated by the consular authority, observing international treaties and conventions, and accompanied by the respective translation, by a sworn public translator; (Included by Law No. 12,010, 2009)

VI – the Central State Authority may make demands and request additional information about the psychosocial study of the foreign postulant for adoption, already carried out in the host country; (Included by Law No. 12,010, 2009)

VII – after a study carried out by the Central State Authority, the compatibility of foreign and national legislation was verified, in addition to the fulfillment by postulants according to the objective and subjective requirements necessary for their approval, both in the light of the provisions of this Law and of the legislation of the host country, a report will be issued to enable international adoption, which will be valid for a maximum of 1 (one) year; (Included by Law No. 12,010, 2009)

VIII – in possession of the qualification report, the interested party will be authorized to formalize an application for adoption before the Child and Youth Court of the place where the child or adolescent is, as indicated by the Central State Authority. (Included by Law No. 12,010, 2009)

• 1 If the legislation of the host country so authorizes, it is accepted that requests for authorization for international adoption are intermediated by accredited bodies. (Included by Law No. 12,010, 2009)

Paragraph 2. It is incumbent upon the Central Federal Brazilian Authority to accredit national and foreign bodies in charge of intermediating requests for authorization for international adoption, with subsequent communication to the State Central Authorities and publication in Organs official press bodies and on its own website. (Included by Law No. 12,010, 2009)

Paragraph 3. Only the accreditation of organizations that: (Included by Law No. 12,010, 2009) will be admissible

I – come from countries that have ratified the Hague Convention and are duly accredited by the Central Authority of the country where they are based and in the host country of the adoptee to act in international adoption in Brazil; (Included by Law No. 12,010, 2009)

II – satisfy the conditions of moral integrity, professional competence, experience and responsibility required by the respective countries and by the Central Federal Brazilian Authority; (Included by Law No. 12,010, 2009)

III – are qualified by their ethical standards and their training and experience to work in the area of ​​international adoption; (Included by Law No. 12,010, 2009)

IV – comply with the requirements demanded by the Brazilian legal system and by the rules established by the Central Federal Brazilian Authority. (Included by Law No. 12,010, 2009)

• 4 The accredited bodies must also: (Included by Law No. 12,010, 2009)

I – pursue only non-profit purposes, under the conditions and within the limits set by the competent authorities of the country where they are based, the host country and the Central Federal Brazilian Authority; (Included by Law No. 12,010, 2009)

II – be directed and administered by qualified persons of recognized moral aptitude, with proven training or experience to work in the area of ​​international adoption, registered by the Federal Police Department and approved by the Central Federal Brazilian Authority, by means of the publication of an order of the competent federal agency ; (Included by Law No. 12,010, 2009)

III – be subject to the supervision of the competent authorities of the country where they are based and in the host country, including regarding their composition, functioning and financial situation; (Included by Law No. 12,010, 2009)

IV – submit to the Brazilian Federal Central Authority, every year, a general report of the activities carried out, as well as a report on the monitoring of international adoptions made during the period, a copy of which will be forwarded to the Federal Police Department; (Included by Law No. 12,010, 2009)

V – send a semi-annual post-adoptive report to the Central State Authority, with a copy to the Central Federal Brazilian Authority, for a minimum period of 2 (two) years. The sending of the report will be kept until the authenticated copy of the civil registry is attached, establishing the citizenship of the host country for the adopted; (Included by Law No. 12,010, 2009)

VI – take the necessary measures to ensure that adopters forward to the Central Federal Brazilian Authority a copy of the foreign birth registration certificate and nationality certificate as soon as they are granted. (Included by Law No. 12,010, 2009)

Paragraph 5. Failure to submit the reports referred to in Paragraph 4 of this article by the accredited body may result in the suspension of your accreditation. (Included by Law No. 12,010, 2009)

• 6 The accreditation of a national or foreign body in charge of intermediating requests for international adoption will be valid for 2 (two) years. (Included by Law No. 12,010, 2009)

Paragraph 7. Renewal of accreditation may be granted by means of a request filed with the Central Federal Brazilian Authority within 60 (sixty) days prior to the end of the respective validity period. (Included by Law No. 12,010, 2009)

Paragraph 8. Before the decision granting international adoption has become final, the adoptee will not be allowed to leave the national territory. (Included by Law No. 12,010, 2009)

• 9 Once the decision is final, the judicial authority shall determine the issuance of a permit with travel authorization, as well as for obtaining a passport, including, necessarily, the characteristics of the adopted child or adolescent, such as age, color, sex, any signs or peculiar traits, as well as a recent photo and the affixing of the fingerprint of his right thumb, instructing the document with a certified copy of the decision and a final transit certificate. (Included by Law No. 12,010, 2009)
• 10. The Central Federal Brazilian Authority may, at any time, request information on the situation of the adopted children and adolescents. (Included by Law No. 12,010, 2009)
• 11. The collection of values ​​by accredited bodies, which are considered abusive by the Central Federal Brazilian Authority and which are not duly proven, is the cause of their disqualification. (Included by Law No. 12,010, 2009)
• 12. The same person or his spouse cannot be represented by more than one entity accredited to act in cooperation in international adoption. (Included by Law No. 12,010, 2009)
• 13. The qualification of a foreign postulant or domiciled outside Brazil will have a maximum validity of 1 (one) year and may be renewed. (Included by Law No. 12,010, 2009)
• 14. Direct contact between representatives of adoption agencies, national or foreign, with managers of institutional or family care programs, as well as with children and adolescents in conditions to be adopted, without due judicial authorization is prohibited. (Included by Law No. 12,010, 2009)
• 15. The Central Federal Brazilian Authority may limit or suspend the granting of new accreditations whenever it deems necessary, through a reasoned administrative act. (Included by Law No. 12,010, 2009)

 

Art. 52-A

It is forbidden, under penalty of liability and disqualification, the transfer of resources from foreign organizations in charge of intermediating requests for international adoption to national organizations or individuals. (Included by Law No. 12,010, 2009)

Single paragraph. Any transfers can only be made through the Fund for the Rights of Children and Adolescents and will be subject to the deliberations of the respective Council for the Rights of Children and Adolescents. (Included by Law No. 12,010, 2009)

Art. 52-B

The adoption by a Brazilian resident abroad in a country ratifying the Hague Convention, whose adoption process has been processed in accordance with the legislation in force in the country of residence and complying with the provisions of Article 17 (c) of the said Convention, will be automatically welcomed with the return to Brazil. (Included by Law No. 12,010, 2009)

Paragraph 1. If the provisions of Article 17 (c) of the Hague Convention have not been complied with, the sentence must be ratified by the Superior Court of Justice. (Included by Law No. 12,010, 2009)

• 2 The Brazilian claimant residing abroad in a country that does not ratify the Hague Convention, once reentered in Brazil, shall request the ratification of the foreign judgment by the Superior Court of Justice. (Included by Law No. 12,010, 2009)

Art. 52-C

In international adoptions, when Brazil is the host country, the decision of the competent authority of the country of origin of the child or adolescent will be known by the Central State Authority that has processed the request for authorization of the adoptive parents, who will communicate the fact to the Authority Central Federal and determine the necessary measures for the issuance of the Provisional Naturalization Certificate. (Included by Law No. 12,010, 2009)

• 1 The Central State Authority, after hearing the Public Prosecutor’s Office, will only fail to recognize the effects of that decision if it remains demonstrated that the adoption is manifestly contrary to public order or does not serve the best interests of the child or adolescent. (Included by Law No. 12,010, 2009)

Paragraph 2. In the event of non-recognition of the adoption, provided for in Paragraph 1 of this article, the Public Prosecution Service shall immediately request whatever is of law to protect the interests of the child or adolescent, communicating the measures to the Central State Authority, which will communication to the Central Federal Brazilian Authority and the Central Authority of the country of origin. (Included by Law No. 12,010, 2009)

Art. 52-D

In international adoptions, when Brazil is the host country and the adoption has not been granted in the country of origin because its legislation delegates it to the host country, or even in the event that, even with a decision, the child or adolescent is from a country that has not adhered to the said Convention, the adoption process will follow the rules of national adoption. (Included by Law No. 12,010, 2009)

 

Part I – Service Policy

Chapter IV – From the Right to Education, Culture, Sport and Leisure

Article 53

Children and adolescents have the right to education, aiming at the full development of their person, preparation for the exercise of citizenship and qualification for work, ensuring them:
I – equal conditions for access and stay at school;
II – the right to be respected by their educators;
III – the right to contest evaluation criteria, being able to appeal to higher education institutions;
IV – right to organize and participate in student entities;
V – access to free public school near your residence.
Single paragraph. It is the right of parents or guardians to be aware of the pedagogical process, as well as to participate in the definition of educational proposals.

Article 54

It is the duty of the State to ensure to children and adolescents:
I – basic, compulsory and free education, including for those who did not have access to it at their own age;
II – progressive extension of compulsory and free education to high school;
III – specialized educational assistance for the disabled, preferably in the regular school system;
IV – day care and pre-school care for children from zero to six years of age;
V – access to the highest levels of teaching, research and artistic creation, according to the capacity of each one;
VI – provision of regular evening education, appropriate to the conditions of the adolescent worker;
VII – attendance in elementary school, through supplementary programs of didactic-school material, transportation, food and health care.
§ 1 Access to compulsory and free education is a subjective public right.
§ 2 The failure to provide compulsory education by the public authority or its irregular offer is the responsibility of the competent authority.
§ 3 – It is incumbent upon the public power to register students in elementary school, make a call to them and ensure, together with their parents or guardian, that they attend school.

Article 55

Parents or guardians have an obligation to enroll their children or pupils in the regular school system.

Article 56

The heads of elementary education establishments will report to the Guardian Council the cases of:
I – mistreatment involving their students;
II – reiteration of unjustified absences and dropping out of school, exhausting school resources;
III – high levels of repetition.

Article 57

The public authorities will stimulate research, experiences and new proposals related to calendar, serialization, curriculum, methodology, didactics and evaluation, with a view to the insertion of children and adolescents excluded from compulsory primary education.

Article 58

In the educational process, cultural, artistic and historical values ​​specific to the social context of children and adolescents will be respected, guaranteeing them the freedom of creation and access to sources of culture.

Article 59

The municipalities, with support from the states and the Union, will encourage and facilitate the allocation of resources and spaces for cultural, sports and leisure programs aimed at children and youth.

Chapter V – From the Right to Professionalization and Protection at Work

Article 60

Any work is prohibited to children under fourteen years of age, except as an apprentice.

Article 61

Protection of adolescents’ work is regulated by special legislation, without prejudice to the provisions of this Law.

Article 62

Technical-professional training given in accordance with the guidelines and bases of current education legislation is considered learning.

Article 63

Technical and professional training will obey the following principles:
I – guarantee of access and mandatory attendance to regular education;
II – activity compatible with the adolescent’s development;
III – special time for the exercise of activities.

Article 64

Teenagers up to the age of fourteen are granted a scholarship

Article 65

The apprentice teenager, over the age of fourteen, is guaranteed labor and social security rights.

Article 66

Adolescents with disabilities are protected from work.

Article 67

The adolescent employed, apprentice, in a family work regime, technical school student, assisted by a governmental or non-governmental entity, is forbidden to work:
I – night, carried out between twenty-two hours of a day and five hours of the day Following;
II – dangerous, unhealthy or painful;
III – carried out in places that are harmful to their training and to their physical, psychological, moral and social development;
IV – held at times and places that do not allow school attendance.

Article 68

The social program based on educational work, under the responsibility of a governmental or non-governmental non-profit entity, should ensure that the adolescent participates in training conditions for the exercise of regular paid activity.
§ 1 Educational work means work activity in which the pedagogical requirements relating to the student’s personal and social development prevail over the productive aspect.
§ 2 The remuneration that the adolescent receives for the work done or the participation in the sale of the products of his work does not disrupt the educational character.

Article 69

The adolescent has the right to professionalization and protection at work, observing the following aspects, among others:
I – respect for the peculiar condition of a person in development;
II – professional training appropriate to the job market.

Chapter VI – General Provisions

Title III – Prevention

Chapter I – General Provisions

Article 70

It is everyone’s duty to prevent the occurrence of a threat or violation of the rights of children and adolescents.

Article 71

Children and adolescents have the right to information, culture, leisure, sports, entertainment, shows and products and services that respect their peculiar condition as a person in development.

Article 72

The obligations provided for in this Law do not exclude special prevention from others arising from the principles adopted by it.

Article 73

Failure to comply with the prevention rules will result in the responsibility of the individual or legal entity, under the terms of this Law.

Chapter II – Special Prevention

Section I – Information, Culture, Leisure, Sports, Entertainment and Shows

Article 74

The public power, through the competent body, will regulate public entertainment and shows, informing about their nature, the age groups they are not recommended, places and times when their presentation is inadequate.
Single paragraph. Those responsible for public entertainment and shows should post, in a visible and easily accessible place, at the entrance to the exhibition site, information about the nature of the show and the age group specified in the classification certificate.

Article 75

Every child or adolescent will have access to public entertainment and shows classified as appropriate for their age group.
Single paragraph. Children under the age of ten will only be able to enter and remain at the presentation or exhibition sites when accompanied by their parents or guardian.

Article 76

Radio and television broadcasters will only show programs for educational, artistic, cultural and informational purposes at the recommended time for young children.
Single paragraph. No show will be presented or announced without notice of its classification, before its transmission, presentation or exhibition.

Article 77

Owners, directors, managers and employees of companies that exploit the sale or rental of video programming tapes will ensure that there is no sale or rental that does not comply with the classification assigned by the competent agency.
Single paragraph. The tapes alluded to in this article should display, on the wrapper, information about the nature of the work and the age range for which it is intended.

Article 78

Magazines and publications containing material that is inappropriate or inappropriate for children and adolescents must be sold in sealed packaging, with the warning of its content.
Single paragraph. Publishers will ensure that covers containing pornographic or obscene messages are protected with opaque packaging.

Article 79

Magazines and publications aimed at children and adolescents must not contain illustrations, photographs, captions, chronicles or advertisements for alcoholic drinks, tobacco, weapons and ammunition, and must respect the ethical and social values ​​of the person and the family.

Article 80

Those responsible for establishments that commercially exploit billiards, snooker or similar or for gambling houses, so understood those that place bets, although eventually, they will take care that children and adolescents are not allowed to enter and remain in the place, posting notice for audience orientation.

Section II – Products and Services

Article 81

The sale to children or adolescents of the following is prohibited:
I – weapons, ammunition and explosives;
II – alcoholic beverages;
III – products whose components may cause physical or psychological dependence even if improperly used;
IV – firecrackers and fireworks, except those that due to their reduced potential are unable to cause any physical damage in the event of improper use;
V – magazines and publications referred to in art. 78;
VI – lottery tickets and the like.

Article 82

The accommodation of a child or adolescent in a hotel, motel, boarding house or similar establishment is prohibited, unless authorized or accompanied by a parent or guardian.

Section III – Authorization to Travel

Article 83

No child may travel outside the district where he resides, unaccompanied by his parents or guardian, without express judicial authorization.
§ 1 Authorization will not be required when:
a) it is a district adjacent to the child’s residence, if in the same Federation unit, or included in the same metropolitan region;
b) the child is accompanied by:
1) ascendant or major collateral, up to the third degree, documented the relationship;
2) a larger person, expressly authorized by the father, mother or guardian.
§ 2 The judicial authority may, at the request of the parent or guardian, grant authorization valid for two years.

Article 84

When it comes to travel abroad, authorization is not necessary, if the child or adolescent:
I – is accompanied by both parents or guardian;
II – travel in the company of one of the parents, expressly authorized by the other through a notarized document.

Article 85

Without prior and express judicial authorization, no child or adolescent born in the national territory may leave the country in the company of a foreigner resident or domiciled abroad.

Special Part IV – –

Title I – Service Policy

Chapter I – General Provisions

Article 86

The policy for attending to the rights of children and adolescents will be carried out through an articulated set of governmental and non-governmental actions, from the Union, the states, the Federal District and the municipalities.

Article 87

The service policy’s lines of action are:
I – basic social policies;
II – social assistance policies and programs, on a supplementary basis, for those who need them;
III – special prevention and medical and psychosocial services for victims of neglect, abuse, exploitation, abuse, cruelty and oppression;
IV – service to identify and locate missing parents, guardians, children and adolescents;
V – legal and social protection by entities that defend the rights of children and adolescents.

VI – policies and programs designed to prevent or shorten the period of removal from family life and to ensure the effective exercise of the right to family life for children and adolescents; (Included by Law No. 12,010, 2009)

VII – campaigns to encourage reception in the form of custody of children and adolescents away from family life and the adoption, specifically interracial, of older children or adolescents, with specific health needs or with disabilities and groups of siblings. (Included by Law No. 12,010, 2009)

Article 88

The service policy guidelines are:
I – municipalization of service;
II – creation of municipal, state and national councils for the rights of children and adolescents, deliberative bodies and controllers of actions at all levels, ensuring parity of popular participation through representative organizations, according to federal, state and municipal laws;
III – creation and maintenance of specific programs, observing political-administrative decentralization;
IV – maintenance of national, state and municipal funds linked to the respective councils for the rights of children and adolescents;
V – operational integration of organs of the Judiciary, Public Prosecutor’s Office, Defender, Public Security and Social Assistance, preferably in the same place, for the purpose of streamlining the initial assistance to adolescents who are responsible for the offense;
VI – operational integration of organs of the Judiciary, Public Ministry, Defender, Guardianship Council and those in charge of the implementation of basic social policies and social assistance, for the purpose of streamlining the care of children and adolescents inserted in family or institutional reception programs, with seen in their rapid reintegration into the family of origin or, if such a solution proves to be unfeasible, their placement in a substitute family, in any of the modalities provided for in art. 28 of this Law; (Wording given by Law No. 12,010, 2009)

VII – mobilization of public opinion for the indispensable participation of the various segments of society. (Included by Law No. 12,010, 2009)

Article 89

The role of member of the national council and the state and municipal councils for the rights of children and adolescents is considered to be of relevant public interest and will not be remunerated.

Chapter II – Service Entities

Section I – General Provisions

Article 90

The service entities are responsible for the maintenance of the units themselves, as well as for the planning and execution of protection and socio-educational programs for children and adolescents, under the following regime:
I – socio-family guidance and support;
II – socio-educational support in an open environment;
III – family placement;
IV – institutional reception; (Wording given by Law No. 12,010, of 2009);
V – provision of services to the community; (Wording given by Law No. 12,594, of 2012)
VI – assisted freedom; (Wording given by Law No. 12,594, of 2012)
VII – semi-freedom; and (Wording given by Law No. 12,594, of 2012)

VIII – hospitalization. (Included by Law No. 12,594, of 2012)

Paragraph 1. Governmental and non-governmental entities shall proceed with the enrollment of their programs, specifying the assistance regimes, as defined in this article, at the Municipal Council for the Rights of Children and Adolescents, which shall keep a record of enrollments and their changes, than it will communicate to the Guardianship Council and the judicial authority. (Included by Law No. 12,010, 2009)

• 2 The resources destined for the implementation and maintenance of the programs listed in this article shall be provided for in the budget allocations of Organs public agencies in charge of the areas of Education, Health and Social Assistance, among others, observing the principle of absolute priority for children and adolescents by the caput of art. 227 of the Federal Constitution and the caput and sole paragraph of art. 4th of this Law. (Included by Law No. 12,010, of 2009)

Paragraph 3. The programs in execution will be reassessed by the Municipal Council for the Rights of Children and Adolescents, at most, every 2 (two) years, constituting criteria for renewing the operating authorization: (Included by Law No. 12,010, 2009 )

I – the effective respect for the rules and principles of this Law, as well as the resolutions related to the type of service provided by the Councils for the Rights of Children and Adolescents, at all levels; (Included by Law No. 12,010, 2009)

II – the quality and efficiency of the work developed, attested by the Guardianship Council, the Public Ministry and the Child and Youth Justice; (Included by Law No. 12,010, 2009)

III – in the case of institutional or family reception programs, the indices of success in family reintegration or adaptation to the substitute family will be considered, as the case may be. (Included by Law No. 12,010, 2009)

 

Article 91

Non-governmental entities will only be able to function after being registered with the Municipal Council for the Rights of Children and Adolescents, which will communicate the registration to the Guardianship Council and to the judicial authority of the respective locality.

• 1 The registration will be denied to the entity that: (Included by Law No. 12,010, of 2009)
  a) does not offer physical facilities in adequate conditions of habitability, hygiene, health and safety;
  b) does not present a work plan compatible with the principles of this Law;
  c) is irregularly constituted;
  d) have in their staff untrue people.

1. e) failing to comply with or fail to comply with the resolutions and resolutions relating to the type of service provided by the Councils for the Rights of Children and Adolescents, at all levels. (Included by Law No. 12,010, 2009)

Paragraph 2. The registration will be valid for a maximum period of 4 (four) years, and the Municipal Council for the Rights of Children and Adolescents shall periodically reassess the appropriateness of its renewal, in compliance with the provisions of Paragraph 1 of this article. (Included by Law 12,010 , 2009)

Article 92

Entities that develop family or institutional care programs must adopt the following principles: (Wording given by Law No. 12,010, 2009)
I – preservation of family bonds and promotion of family reintegration; (Wording given by Law No. 12,010, 2009)
II – preserving family ties and promoting family reintegration; (Wording given by Law No. 12,010, 2009)
III – personalized service and in small groups;
IV – development of activities under a co-education regime;
V – no dismemberment of groups of brothers;
VI – avoid, whenever possible, the transfer to sheltered children and adolescents to other entities;
VII – participation in the life of the local community;
VIII – gradual preparation for dismissal;
IX – participation of people from the community in the educational process.

• 1 The director of an entity that develops an institutional reception program is treated as a guardian, for all legal purposes. (Included by Law No. 12,010, 2009)

Paragraph 2. The directors of entities that develop family or institutional care programs shall send to the judicial authority, at the most every 6 (six) months, a detailed report on the situation of each child or adolescent received and their family, for the purposes of the reassessment provided for in the § 1 of art. 19 of this Law. (Included by Law No. 12,010, 2009)

• 3 The federated entities, through the Executive and Judiciary Powers, will jointly promote the permanent qualification of professionals who work directly or indirectly in institutional reception programs and aimed at the family placement of children and adolescents, including members of the Judiciary, Public Ministry and Guardianship Council. (Included by Law No. 12,010, 2009)
• 4 Unless otherwise determined by the competent judicial authority, entities that develop family or institutional care programs, if necessary with the assistance of the Guardianship Council and social assistance agencies, shall encourage the contact of the child or adolescent with their parents and relatives, in compliance with the provisions of items I and VIII of the caput of this article. (Included by Law No. 12,010, 2009)

Paragraph 5. Entities that develop family or institutional care programs may only receive public funds if the compliance with the principles, requirements and purposes of this Law is proven. (Included by Law No. 12,010, 2009)

• 6 The non-compliance with the provisions of this Law by the head of an entity that develops family or institutional reception programs is the cause of his dismissal, without prejudice to the determination of his administrative, civil and criminal responsibility. (Included by Law No. 12,010, 2009)

Article 93

The entities that maintain an institutional reception program may, exceptionally and urgently, receive children and adolescents without prior determination by the competent authority, communicating the fact within 24 (twenty four) hours to the Child and Youth Judge, under penalty of responsibility. (Wording given by Law No. 12,010, 2009)

Single paragraph. After receiving the communication, the judicial authority, after hearing the Public Prosecutor’s Office and, if necessary, with the support of the local Guardianship Council, will take the necessary measures to promote the immediate family reintegration of the child or adolescent or, if for any reason this is not possible or recommended. , for referral to a foster family, institutional program or a substitute family, subject to the provisions of § 2 of art. 101 of this Law. (Included by Law No. 12,010, 2009)

Article 94

The entities that develop internment programs have the following obligations, among others:
I – observe the rights and guarantees that adolescents are entitled to;
II – not to restrict any right that has not been the subject of a restriction in the admission decision;
III – offer personalized service, in small units and small groups;
IV – preserve the identity and offer an environment of respect and dignity to the adolescent;
V – endeavor to reestablish and preserve family bonds;
VI – periodically inform the judicial authority of cases in which it is impossible or impossible to resume family ties;
VII – offering physical facilities in adequate conditions of habitability, hygiene, health and safety and the objects necessary for personal hygiene;
VIII – offering sufficient clothing and food appropriate to the age group of the adolescents served;
IX – offering medical, psychological, dental and pharmaceutical care;
X – provide schooling and professionalization;
XI – to provide cultural, sports and leisure activities;
XII – provide religious assistance to those who wish, according to their beliefs;
XIII – carry out a social and personal study of each case;
XIV – periodically reassess each case, with a maximum interval of six months, informing the competent authority of the results;
XV – periodically inform the adolescent hospitalized about his procedural situation;
XVI – communicate to the competent authorities all cases of adolescents with infectious and contagious diseases;
XVII – provide proof of deposit of adolescents’ belongings;
XVIII – maintain programs designed to support and monitor graduates;
XIX – provide the documents necessary for the exercise of citizenship to those who do not have them;
XX – keep a file of notes containing the date and circumstances of the service, the name of the adolescent, their parents or guardian, relatives, addresses, sex, age, monitoring of their education, list of their belongings and other data that enable their identification and individualization care.
§ 1 The obligations contained in this article apply, as appropriate, to entities that maintain institutional and family reception programs. (Wording given by Law No. 12,010, of 2009)
§ 2 In fulfilling the obligations referred to in this article, entities will preferentially use community resources.

Section II – Inspection of Entities

Article 95

The governmental and non-governmental entities referred to in art. 90 will be supervised by the Judiciary, the Public Ministry and the Guardianship Councils.

Article 96

Application plans and accountability will be presented to the state or municipality, depending on the source of budget allocations.

Article 97

These are measures applicable to service entities that fail to comply with the obligation contained in art. 94, without prejudice to the civil and criminal liability of its officers or representatives:
I – to government entities:
a) warning;
b) provisional removal of its officers;
c) permanent removal of its officers;
d) closing of the unit or interdiction of the program.
II – to non-governmental entities:
a) warning;
b) total or partial suspension of the transfer of public funds;
c) interdiction of units or suspension of the program;
d) cancellation of registration.
Paragraph 1. In the event of repeated violations committed by service entities, which put at risk the rights enshrined in this Law, the fact must be communicated to the Public Ministry or represented before the competent judicial authority for the appropriate measures, including suspension of activities or dissolution of the entity . (Wording given by Law No. 12,010, 2009)

Paragraph 2. Legal entities of public law and non-governmental organizations will be responsible for the damages that their agents cause to children and adolescents, characterized by the non-compliance with the guiding principles of specific protection activities. (Wording given by Law No. 12,010, 2009)

Title II – Protection Measures

Chapter I – General Provisions

Article 98

The protection measures for children and adolescents are applicable whenever the rights recognized in this Law are threatened or violated:
I – by action or omission by society or the State;
II – for lack, omission or abuse of the parent or guardian;
III – due to his conduct.

Chapter II – Specific Protection Measures

Article 99

The measures provided for in this Chapter may be applied alone or cumulatively, as well as replaced at any time.

Article 100

In the application of the measures, educational needs will be taken into account, preferring those that aim at strengthening family and community bonds.

Single paragraph. There are also principles that govern the application of the measures: (Included by Law No. 12,010, 2009)

I – condition of children and adolescents as subjects of rights: children and adolescents are the holders of the rights provided for in this and other Laws, as well as in the Federal Constitution; (Included by Law No. 12,010, 2009)

II – full and priority protection: the interpretation and application of any and all norms contained in this Law must be aimed at the full and priority protection of the rights held by children and adolescents; (Included by Law No. 12,010, 2009)

III – primary and joint responsibility of the public power: the full realization of the rights guaranteed to children and adolescents by this Law and the Federal Constitution, except in the cases expressly provided for herein, is the primary and joint responsibility of the 3 (three) spheres of government, without prejudice to the municipalization of care and the possibility of the execution of programs by non-governmental entities; (Included by Law No. 12,010, 2009)

IV – best interests of the child and adolescent: the intervention must give priority to the interests and rights of the child and adolescent, without prejudice to the consideration that is due to other legitimate interests within the scope of the plurality of interests present in the specific case; (Included by Law No. 12,010, 2009)

V – privacy: the promotion of the rights and protection of children and adolescents must be carried out with respect for intimacy, the right to image and the reserve of their private life; (Included by Law No. 12,010, 2009)

VI – early intervention: the intervention of the competent authorities must be carried out as soon as the dangerous situation is known; (Included by Law No. 12,010, 2009)

VII – minimum intervention: the intervention must be exercised exclusively by the authorities and institutions whose action is indispensable for the effective promotion of the rights and protection of children and adolescents; (Included by Law No. 12,010, 2009)

VIII – proportionality and timeliness: the intervention must be the necessary and adequate to the dangerous situation in which the child or adolescent is in the moment when the decision is made; (Included by Law No. 12,010, 2009)

IX – parental responsibility: the intervention must be carried out in such a way that the parents assume their duties towards the child and the adolescent; (Included by Law No. 12,010, 2009)

X – prevalence of the family: in the promotion of rights and protection of children and adolescents, priority must be given to measures that maintain or reintegrate them into their natural or extended family or, if this is not possible, that promote their integration into the family. substitute; (Included by Law No. 12,010, 2009)

XI – mandatory information: children and adolescents, respecting their stage of development and ability to understand, their parents or guardian must be informed of their rights, the reasons that determined the intervention and the way it is carried out; (Included by Law No. 12,010, 2009)

XII – mandatory hearing and participation: the child and adolescent, separately or in the company of their parents, guardians or persons appointed by them, as well as their parents or guardians, have the right to be heard and to participate in acts and definition of the measure to promote rights and protection, its opinion being duly considered by the competent judicial authority, observing the provisions of §§ 1 and 2 of art. 28 of this Law. (Included by Law No. 12,010, 2009)

Article 101

Any of the hypotheses provided for in art. 98, the competent authority may determine, among others, the following measures:
I – referral to parents or guardian, through a term of responsibility;
II – temporary guidance, support and monitoring;
III – mandatory enrollment and attendance at an official elementary school;
IV – inclusion in a community or official program to assist the family, children and adolescents;
V – request for medical, psychological or psychiatric treatment, in hospital or outpatient regime;
VI – inclusion in an official or community program of assistance, guidance and treatment for alcoholics and drug addicts;

VII – institutional reception; (Wording given by Law No. 12,010, 2009)

VIII – inclusion in a family reception program; (Wording given by Law No. 12,010, 2009)

IX – placement in a substitute family. (Included by Law No. 12,010, 2009)

• 1 Institutional care and family care are provisional and exceptional measures, usable as a form of transition to family reintegration or, if this is not possible, for placement in a substitute family, without implying deprivation of liberty. (Included by Law No. 12,010, 2009)

Paragraph 2. Without prejudice to taking emergency measures to protect victims of violence or sexual abuse and the measures referred to in art. 130 of this Law, the removal of the child or adolescent from family life is the exclusive competence of the judicial authority and will lead to the outbreak, at the request of the Public Prosecutor’s Office or whoever has a legitimate interest, of litigation, in which the parents or the legally responsible for the exercise of adversarial and broad defense. (Included by Law No. 12,010, 2009)

• 3 Children and adolescents may only be sent to institutions that carry out institutional reception programs, governmental or not, through a Reception Guide, issued by the judicial authority, which must include, among others: (Included by Law No. 12,010, 2009)

I – your identification and the complete qualification of your parents or guardian, if known; (Included by Law No. 12,010, 2009)

II – the home address of the parent or guardian, with reference points; (Included by Law No. 12,010, 2009)

III – the names of relatives or third parties interested in keeping them in their custody; (Included by Law No. 12,010, 2009)

IV – the reasons for withdrawal or non-reintegration into family life. (Included by Law No. 12,010, 2009)

• 4 Immediately after welcoming the child or adolescent, the entity responsible for the institutional or family reception program shall prepare an individual care plan, aiming at family reintegration, except for the existence of a written order and reasoned to the contrary by the competent judicial authority, if in which he must also contemplate his placement in a substitute family, observing the rules and principles of this Law. (Included by Law No. 12,010, 2009)
• 5 The individual plan will be prepared under the responsibility of the technical team of the respective assistance program and will take into account the opinion of the child or adolescent and the hearing of the parents or guardian. (Included by Law No. 12,010, 2009)
• 6 The individual plan will include, among others: (Included by Law No. 12,010, 2009)

I – the results of the interdisciplinary evaluation; (Included by Law No. 12,010, 2009)

II – the commitments assumed by the parents or guardian; and (Included by Law No. 12,010, 2009)

III – the provision of activities to be carried out with the child or adolescent received and their parents or guardian, with a view to family reintegration or, if this is prohibited by express and justified judicial determination, the measures to be taken for their placement substitute family, under the direct supervision of the judicial authority. (Included by Law No. 12,010, 2009)

• 7 The family or institutional care will take place at the place closest to the residence of the parents or guardian and, as part of the family reintegration process, whenever the need is identified, the family of origin will be included in official guidance, support and support programs. of social promotion, being facilitated and stimulated the contact with the child or adolescent welcomed. (Included by Law No. 12,010, 2009)

Paragraph 8. Once the possibility of family reintegration has been verified, the person responsible for the family or institutional care program will immediately communicate to the judicial authority, which will give a view to the Public Ministry, for a period of 5 (five) days, deciding in the same period. (Included by Law No. 12,010, 2009)

Paragraph 9. If the impossibility of reintegrating the child or adolescent into the family of origin is found, after being forwarded to official or community programs for guidance, support and social promotion, a reasoned report will be sent to the Public Ministry, containing a detailed description of the measures taken and the express recommendation, endorsed by the technicians of the entity or those responsible for the execution of the municipal policy of guaranteeing the right to family life, for the removal of family power, or removal of guardianship or custody. (Included by Law No. 12,010, 2009)

• 10. Upon receipt of the report, the Public Prosecutor’s Office will have a period of 30 (thirty) days for entry with the action of destitution of family power, unless it considers it necessary to carry out complementary studies or other measures that it deems essential for filing the demand. . (Included by Law No. 12,010, 2009)
• 11. The judicial authority shall maintain, in each district or regional forum, a register containing updated information on children and adolescents in institutional and family care under its responsibility, with detailed information on the legal situation of each one, as well as the measures taken for their family reintegration or placement in a substitute family, in any of the modalities provided for in art. 28 of this Law. (Included by Law No. 12,010, 2009)
• 12. The Public Prosecutor’s Office, the Tutelary Council, the managing body of Social Assistance and the Municipal Councils for the Rights of Children and Adolescents and Social Assistance will have access to the register, which will be responsible for deliberating on the implementation of public policies that allow reducing the number of children and adolescents removed from family life and shorten the period of stay in a shelter program (included by Law No. 12,010, 2009)

 

Article 102

The protection measures covered by this Chapter will be accompanied by the regularization of the civil registry.
§ 1 When the previous registration is not found, the birth certificate of the child or adolescent will be made in view of the available elements, upon request from the judicial authority.
§ 2 The records and certificates necessary for the regularization referred to in this article are exempt from fines, costs and fees, enjoying absolute priority.

• 3 If the paternity has not yet been defined, a specific procedure will be initiated to investigate it, as provided by Law No. 8,560, of December 29, 1992. (Included by Law No. 12,010, of 2009)
• 4 In the cases provided for in § 3 of this article, the prosecution of a paternity investigation action by the Public Prosecutor is not necessary if, after the presumed non-appearance or the refusal of the alleged father to assume the paternity attributed to him, the child is referred for adoption . (Included by Law No. 12,010, 2009)

Title III – Infraction Act

Chapter I – General Provisions

Article 103

The conduct described as a crime or criminal offense is considered an infraction.

Article 104

Minors under eighteen years of age are subject to criminal liability, subject to the measures provided for in this Law.
Sole paragraph. For the purposes of this Law, the age of the adolescent at the date of the

Article 105

The offense committed by a child will correspond to the measures provided for in art. 101.

Chapter II – Individual Rights

Article 106

No adolescent shall be deprived of his liberty except in the event of an infraction or by written and reasoned order from the competent judicial authority.
Single paragraph. The adolescent has the right to identify those responsible for his apprehension, and must be informed about his rights.

Article 107

The apprehension of any adolescent and the place where he is found will be immediately reported to the competent judicial authority and the apprehended family or the person indicated by him.
Single paragraph. Immediately and under penalty of liability, the possibility of immediate release will be examined.

Article 108

Hospitalization, before the sentence, can be determined for a maximum period of forty-five days.
Single paragraph. The decision must be substantiated and be based on sufficient evidence of authorship and materiality, demonstrating the imperative need for the measure.

Article 109

The civilly identified adolescent will not be subjected to compulsory identification by Organs police, protection and judicial bodies, except for the purpose of confrontation, in the event of a well-founded doubt.

Chapter III – Procedural Guarantees

Article 110

No teenager will be deprived of his or her freedom without due process of law.

Article 111

The adolescents are guaranteed, among others, the following guarantees:
I – full and formal knowledge of the attribution of an infraction, through summons or equivalent means;
II – equality in the procedural relationship, being able to confront victims and witnesses and produce all the evidence necessary for their defense;
III – technical defense by a lawyer;
IV – free and full legal assistance to the needy, in accordance with the law;
V – the right to be heard personally by the competent authority;
VI – the right to request the presence of your parents or guardian at any stage of the procedure.

Chapter IV – Socio-Educational Measures

Section I – General Provisions

Article 112

Having verified the practice of an infraction, the competent authority may apply the following measures to the adolescent:
I – warning;
II – obligation to repair the damage;
III – provision of services to the community;
IV – assisted freedom;
V – insertion in a semi-freedom regime;
VI – admission to an educational establishment;
VII – any of those provided for in art. 101, I to VI.
§ 1 The measure applied to the adolescent will take into account his ability to comply with it, the circumstances and the seriousness of the infraction.
§ 2 Under no circumstances and under any pretext, the provision of forced labor will be allowed.
§ 3º Adolescents with mental illness or disability will receive individual and specialized treatment, in a place appropriate to their conditions.

Article 113

The provisions of arts. 99 and 100.

Article 114

The imposition of the measures provided for in items II to VI of art. 112 presupposes the existence of sufficient evidence of the authorship and the materiality of the infraction, except for the hypothesis of remission, under the terms of art. 127.
Sole paragraph. The warning may be applied whenever there is proof of materiality and sufficient evidence of authorship.

Section II – Warning

Article 115

The warning will consist of verbal admonition, which will be reduced to term and signed.

Section III – Obligation to Repair Damage

Article 116

116. In the case of an infraction with patrimonial effects, the authority may determine, if applicable, that the adolescent reinstate the thing, promote compensation for the damage, or, in other way, compensate the victim’s loss.
     Single paragraph. If it is clearly impossible, the measure may be replaced by an appropriate one.

Section IV – Provision of Services to the Community

Article 117

The provision of community services consists of carrying out free tasks of general interest, for a period not exceeding six months, with assistance entities, hospitals, schools and other similar establishments, as well as in community or government programs.
Single paragraph. Tasks will be assigned according to the adolescent’s skills, and must be completed during a maximum of eight hours per week, on Saturdays, Sundays and holidays or on working days, so as not to affect school attendance or normal working hours.

Section V – Assisted Freedom

Article 118

Assisted freedom will be adopted whenever it seems the most appropriate measure for the purpose of accompanying, assisting and guiding the adolescent.
§ 1 The authority will designate a qualified person to monitor the case, which may be recommended by an entity or assistance program.
§ 2 The assisted freedom will be fixed for a minimum period of six months, and at any time it may be extended, revoked or replaced by another measure, after hearing the advisor, the Public Ministry and the defender.

Article 119

The supervisor, with the support and supervision of the competent authority, is responsible for carrying out the following duties, among others:
I – socially promoting the adolescent and his family, providing them with guidance and inserting them, if necessary, in an official or community program social assistance and assistance;
II – supervise the attendance and school performance of the adolescent, including promoting their enrollment;
III – work towards the professionalization of adolescents and their insertion in the job market;
IV – submit a case report.

Section VI – The Semi-freedom Regime

Article 120

The semi-freedom regime can be determined from the beginning, or as a way of transition to the open environment, making it possible to carry out external activities, regardless of judicial authorization.
§ 1 Schooling and professionalization are mandatory, and, whenever possible, existing resources in the community should be used.
§ 2 The measure does not have a fixed term, applying, as appropriate, the provisions related to hospitalization.

Section VII – Internment

Article 121

Hospitalization is a freedom-deprived measure, subject to the principles of brevity, exceptionality and respect for the peculiar condition of a person in development.
Paragraph 1. The carrying out of external activities will be allowed, at the discretion of the entity’s technical team, unless expressly determined by the courts to the contrary.
§ 2 The measure does not have a fixed term, and its maintenance must be reassessed, by reasoned decision, at the most every six months.
§ 3 Under no circumstances will the maximum hospital stay exceed three years.
§ 4 Once the limit established in the previous paragraph is reached, the adolescent must be released, placed on a semi-liberty or assisted liberty regime.
§ 5 The release will be compulsory at twenty-one years of age.
§ 6 In any event, disinternation will be preceded by judicial authorization, after hearing the Public Ministry.

• 7 The judicial determination mentioned in § 1 may be reviewed at any time by the judicial authority. (Included by Law No. 12,594, of 2012)

Article 122

The internment measure can only be applied when:
I – it is an infraction committed through a serious threat or violence to the person;
II – for reiterating the commission of other serious infractions;
III – for repeated and unjustified non-compliance with the measure previously imposed.
§ 1 The period of hospitalization in the event of item III of this article may not exceed 3 (three) months, and must be decreed in court after due process. (Wording given by Law No. 12,594, of 2012)
§ 2. Under no circumstances will hospitalization be applied, with another appropriate measure.

Article 123

The hospitalization must be carried out in an exclusive entity for adolescents, in a place different from that destined to the shelter, obeying strict separation by criteria of age, physical complexion and seriousness of the infraction.
Single paragraph. During the hospitalization period, including provisional, pedagogical activities will be mandatory.

Article 124

The rights of adolescents deprived of liberty are, among others, the following:
I – to interview personally with the representative of the Public Ministry;
II – petition directly to any authority;
III – meet privately with your defender;
IV – be informed of his procedural situation, whenever requested;
V – be treated with respect and dignity;
VI – stay in the same location or in the one closest to the home of your parents or guardian;
VII – receive visits at least weekly;
VIII – correspond with your family and friends;
IX – have access to the objects necessary for personal hygiene and cleanliness;
X – inhabit accommodation in adequate conditions of hygiene and healthiness;
XI – receive schooling and professional training;
XII – to carry out cultural, sports and leisure activities:
XIII – to have access to the media;
XIV – receive religious assistance, according to their belief, and as long as they wish;
XV – keep possession of your personal objects and have a safe place to store them, receiving proof of those that may be deposited in the entity’s possession;
XVI – to receive, when he / she is removed from office, the personal documents essential to life in society.
§ 1º In no case will there be incommunicability.
§ 2 – The judicial authority may temporarily suspend the visit, including that of a parent or guardian, if there are serious and well-founded reasons for its prejudice to the interests of the adolescent.

Article 125

It is the duty of the State to ensure the physical and mental integrity of the inmates, and it is up to it to adopt the appropriate measures of containment and security.

Chapter V – Forgiveness

Article 126

Before the judicial proceeding for the investigation of an infraction is initiated, the representative of the Public Prosecution Service may grant the remission, as a form of exclusion from the process, taking into account the circumstances and consequences of the fact, the social context, as well as the personality of the adolescent and his greatest or less participation in the infraction.
Single paragraph. Once the procedure has been initiated, the granting of a remission by the judicial authority will result in the suspension or termination of the process.

Article 127

The remission does not necessarily imply recognition or proof of responsibility, nor does it prevail for the purpose of antecedents, and may eventually include the application of any of the measures provided for in the law, except for placement in a semi-liberty regime and hospitalization.

Article 128

The measure applied by virtue of the remission may be reviewed in court, at any time, at the express request of the adolescent or his legal representative, or the Public Ministry.

Title IV – Measures Relevant to Parents or Guardian

Article 129

Measures applicable to parents or guardians are:
I – referral to an official or community family protection program;
II – inclusion in an official or community program of assistance, guidance and treatment for alcoholics and drug addicts;
III – referral to psychological or psychiatric treatment;
IV – referral to courses or guidance programs;
V – obligation to enroll the child or pupil and monitor their attendance and academic performance;
VI – obligation to refer the child or adolescent to specialized treatment;
VII – warning;
VIII – loss of custody;
IX – removal of guardianship;
X – suspension or removal of family power. (Expression replaced by Law No. 12,010, 2009).
Single paragraph. In applying the measures provided for in items IX and X of this article, the provisions of arts. 23 and 24.

Article 130

Once the hypothesis of mistreatment, oppression or sexual abuse imposed by the parents or guardian is verified, the judicial authority may determine, as a precautionary measure, the removal of the aggressor from the common home.

Single paragraph. The precautionary measure will also include the provisional fixation of the food that the child or adolescent dependent on the aggressor needs. (Included by Law No. 12,415, of 2011)

Title V – Guardianship Council

Chapter I – General Provisions

Article 131

The Tutelary Council is a permanent and autonomous, non-jurisdictional body, charged by society to ensure compliance with the rights of children and adolescents, defined in this Law.

Article 132

In each Municipality and in each Administrative Region of the Federal District, there will be at least 1 (one) Guardianship Council as an integral part of the local public administration, composed of 5 (five) members, chosen by the local population for a term of 4 (four) years , 1 (one) reappointment is permitted, through a new selection process. (Wording given by Law No. 12,696, of 2012)

Article 133

In order to be a member of the Guardian Council, the following requirements will be required:
I – recognized moral integrity;
II – age over twenty-one years;
III – reside in the municipality.

Article 134

Municipal or district law will provide for the location, day and opening hours of the Guardian Council, including regarding the remuneration of the respective members, who are guaranteed the right to: (Wording given by Law No. 12,696, of 2012)

 

I – social security coverage; (Included by Law No. 12,696, of 2012)

 

II – enjoyment of paid annual leave, plus 1/3 (one third) of the monthly remuneration; (Included by Law No. 12,696, of 2012)

 

III – maternity leave; (Included by Law No. 12,696, of 2012)

 

IV – paternity leave; (Included by Law No. 12,696, of 2012)

 

V – Christmas bonus. (Included by Law No. 12,696, of 2012)

 

Single paragraph. The municipal budgetary law and that of the Federal District will provide for the necessary resources for the operation of the Guardianship Council and the remuneration and continued training of guardianship counselors. (Wording given by Law No. 12,696, of 2012)

 

Article 135

The effective exercise of the function of counselor will constitute a relevant public service and establish a presumption of moral integrity. (Wording given by Law No. 12,696, of 2012)

Chapter II – Duties of the Council

Article 136

The Tutelary Council is responsible for:
I – assisting children and adolescents in the cases provided for in arts. 98 and 105, applying the measures provided for in art. 101, I to VII;
II – assist and advise the parents or guardian, applying the measures provided for in art. 129, I to VII;
III – promote the execution of its decisions, being able to:
a) request public services in the areas of health, education, social service, social security, work and security;
b) represent with the judicial authority in cases of unjustified non-compliance with its deliberations.
IV – forward to the Public Ministry news of a fact that constitutes an administrative or criminal offense against the rights of the child or adolescent;
V – refer cases within its jurisdiction to the judicial authority;
VI – provide the measure established by the judicial authority, among those provided for in art. 101, from I to VI, for the adolescent who committed an infraction;
VII – issue notifications;
VIII – request child and adolescent birth and death certificates when necessary;
IX – assist the local Executive Branch in the preparation of the budget proposal for plans and programs for the care of the rights of children and adolescents;
X – represent, on behalf of the person and the family, against the violation of the rights provided for in art. 220, § 3, item II, of the Federal Constitution;
XI – represent to the Public Prosecutor’s Office for the purposes of actions of loss or suspension of family power, after the possibilities of maintaining the child or adolescent with the natural family have been exhausted. (Wording given by Law No. 12,010, 2009)

Single paragraph. If, in the performance of its duties, the Guardianship Council deems it necessary to withdraw from family life, it will continually communicate the fact to the Public Ministry, providing information on the reasons for such understanding and the measures taken for guidance, support and promotion of the family. (Included by Law No. 12,010, 2009)

Article 137

The decisions of the Tutelary Council can only be reviewed by the judicial authority at the request of those who have a legitimate interest.

Chapter III – Competence

Article 138

The rule of jurisdiction in art. 147.

Chapter IV – Choice of Directors

Article 139

The process for choosing members of the Guardianship Council will be established by municipal law and carried out under the responsibility of the Municipal Council for the Rights of Children and Adolescents, and the supervision of the Public Ministry. (Wording given by Law No. 8,242, dated 10.12.1991)

 

• 1 The process of choosing the members of the Guardian Council will take place on a unified date throughout the national territory every 4 (four) years, on the first Sunday of October of the year following the presidential election. (Included by Law No. 12,696, of 2012)

 

Paragraph 2. The investiture of guardianship counselors will take place on January 10 of the year following the selection process. (Included by Law No. 12,696, of 2012)

 

• 3 In the process of choosing the members of the Guardian Council, the candidate is prohibited from donating, offering, promising or delivering to the voter any personal property or advantage of any nature, including gifts of small value. (Included by Law No. 12,696, of 2012)

 

Chapter V – Impediments

Article 140

They are prevented from serving on the same Council, husband and wife, ascendants and descendants, father-in-law and son-in-law, brothers, brothers-in-law, during coining, uncle and nephew, stepfather or stepmother and stepson.
Single paragraph. The impediment of the counselor, in the form of this article, extends in relation to the judicial authority and the representative of the Public Ministry acting in the Child and Youth Justice, acting in the district, regional or district forum.

Title VI – Access to Justice

Chapter I – General Provisions

Article 141

Any child or adolescent is guaranteed access to the Public Defender’s Office, the Public Prosecutor’s Office and the Judiciary, by any of their bodies.
§ 1. Free legal aid will be provided to those who need it, through a public defender or appointed lawyer.
Paragraph 2 – Legal actions under the jurisdiction of the Child and Youth Justice are exempt from costs and fees, except in the event of litigation in bad faith.

Article 142

Children under sixteen will be represented and those over sixteen and children under twenty-one assisted by their parents, guardians or trustees, in accordance with civil or procedural law.
Single paragraph. The judicial authority will give special care to the child or adolescent, whenever their interests conflict with those of their parents or guardian, or when they lack representation or legal assistance, even if possible.

Article 143

Disclosure of judicial, police and administrative acts that concern children and adolescents who are responsible for the offense is prohibited.
Single paragraph. Any news about the fact will not be able to identify the child or adolescent, being forbidden photography, reference to name, surname, affiliation, relationship and residence.
Single paragraph. Any news about the fact will not be able to identify the child or adolescent, being forbidden photography, reference to name, surname, affiliation, relationship, residence and even initials of the first and last name. (Wording given by Law nº 10.764, of 11/12/2003)

Article 144

The issuance of a copy or certificate of acts referred to in the previous article will only be approved by the competent judicial authority, if the interest is demonstrated and the purpose is justified.

Chapter II – Child and Youth Justice

Section I – General Provisions

Article 145

The states and the Federal District may create specialized and exclusive courts for children and youth, and the Judiciary Branch is responsible for establishing its proportionality by number of inhabitants, providing them with infrastructure and providing for assistance, including on duty.

Section II – Judge

Article 146

The authority referred to in this Law is the Child and Youth Judge, or the judge who exercises this function, in the form of the local judicial organization law.

Article 147

Competence will be determined:
I – by the home of the parent or guardian;
II – the place where the child or adolescent is, due to the lack of parents or guardian.
§ 1. In cases of infraction, the authority of the place of action or omission will be competent, observing the rules of connection, continence and prevention.
§ 2º The execution of the measures may be delegated to the competent authority of the residence of the parents or guardian, or of the place where the entity that shelters the child or adolescent is located.
Paragraph 3. In the event of an infraction committed by means of simultaneous transmission by radio or television, which reaches more than one district, the judicial authority of the location of the state headquarters of the broadcaster or network shall be competent to apply the penalty, with the sentence effective for all transmitters or retransmitters of the respective state.

Article 148

The Child and Youth Justice is competent to:
I – hear about representations promoted by the Public Prosecutor’s Office, to investigate the offense attributed to adolescents, applying the appropriate measures;
II – grant the remission, as a way of suspending or terminating the process;
III – know about adoption requests and their incidents;
IV – be aware of civil actions based on individual, diffuse or collective interests affecting children and adolescents, subject to the provisions of art. 209;
V – be aware of actions resulting from irregularities in service entities, applying the appropriate measures;
VI – apply administrative penalties in cases of violations against a child or adolescent protection rule;
VII – know of cases referred by the Guardian Council, applying the appropriate measures.
Single paragraph. When dealing with a child or adolescent in the hypotheses of art. 98, the Child and Youth Justice is also competent to:
a) hear requests for custody and guardianship;
b) be aware of actions to remove family power, loss or modification of guardianship or custody; (Expression replaced by Law No. 12,010, 2009)
c) supply the capacity or consent for marriage;
d) be aware of requests based on paternal or maternal disagreement, in relation to the exercise of family power; (Expression replaced by Law No. 12,010, 2009)
e) grant emancipation, under the terms of civil law, when parents are absent;
f) designate a special curator in cases of filing a complaint or representation, or other judicial or extrajudicial procedures in which there are interests of a child or adolescent;
g) know about food actions;
h) determine the cancellation, rectification and supply of birth and death records.

Article 149

It is incumbent upon the disciplinary judicial authority, through ordinance, or to authorize, by means of a permit:
I – the entry and stay of a child or adolescent, unaccompanied by their parents or guardian, in:
a) stadium, gymnasium and sports field;
b) dances or dancing promotions;
c) nightclub or the like;
d) a house that commercially exploits electronic entertainment;
e) cinematographic, theater, radio and television studios.
II – the participation of children and adolescents in:
a) public performances and their rehearsals;
b) beauty contests.
§ 1 For the purposes of the provisions of this article, the judicial authority shall take into account, among other factors:
a) the principles of this Law;
b) local peculiarities;
c) the existence of adequate facilities;
d) the type of frequency usual to the place;
e) the adequacy of the environment to the eventual participation or attendance of children and adolescents;
f) the nature of the show.
§ 2 The measures adopted pursuant to this article must be substantiated, case by case, general determinations are prohibited.

Section III – Auxiliary Services

Article 150

It is up to the Judiciary Power, when preparing its budget proposal, to provide resources for maintaining an interprofessional team, destined to assist the Child and Youth Justice.

Article 151

It is incumbent upon the interprofessional team, among other attributions that are reserved for it by local legislation, to provide written subsidies, through reports, or verbally, at the hearing, as well as to develop counseling, guidance, referral, prevention and other works, all under immediate subordination. to the judicial authority, ensuring free expression from a technical point of view.

Chapter III – Procedures

Section I – General Provisions

Article 152

To the procedures regulated in this Law, the general rules provided for in the relevant procedural legislation are subsidiarily applied.

Single paragraph. It is ensured, under penalty of liability, absolute priority in the processing of the processes and procedures provided for in this Law, as well as in the execution of the judicial acts and procedures related to them. (Included by Law No. 12,010, 2009)

Article 153

If the judicial measure to be adopted does not correspond to the procedure provided for in this or another law, the judicial authority may investigate the facts and order the necessary measures ex officio, after hearing the Public Ministry.

Single paragraph. The provisions of this article do not apply for the purpose of removing the child or adolescent from his or her family of origin and in other necessarily contentious procedures. (Included by Law No. 12,010, 2009)

Article 154

The provisions of art. 214

Section II – Loss and Suspension of Family Power

Article 155

The procedure for the loss or suspension of family power will begin at the provocation of the Public Prosecutor’s Office or whoever has a legitimate interest. (Expression replaced by Law No. 12,010, 2009).

Article 156

The initial petition will indicate:
I – the judicial authority to which it is directed;
II – the name, marital status, profession and residence of the applicant and the defendant, exempted from qualification in the case of an application made by a representative of the Public Ministry;
III – the summary statement of the fact and the request;
IV – the evidence that will be produced, offering, immediately, the list of witnesses and documents.

Article 157

If there is a serious reason, the judicial authority, after hearing the Public Prosecutor’s Office, may decree the suspension of family power, injunction or incidentally, until the final judgment of the case, leaving the child or adolescent entrusted to the suitable person, by means of a liability term. (Expression replaced by Law No. 12,010, 2009)

Article 158

The defendant will be summoned to, within ten days, offer a written response, indicating the evidence to be produced and immediately offering the list of witnesses and documents.
Single paragraph. All means of personal service must be exhausted.

Article 159

If the defendant does not have the possibility of constituting a lawyer, without prejudice to his own support and that of his family, he may request, in a notary’s office, that he be appointed dative, who will be responsible for filing a response, counting the period from the summons appointment dispatch.

Article 160

If necessary, the judicial authority will request from any office or public body the presentation of a document of interest to the cause, of an official letter or at the request of the parties or the Public Ministry.

Article 161

If the request is not challenged, the judicial authority will review the case file for five days, except when it is the applicant, deciding within the same period.
§ 1 The judicial authority, ex officio or at the request of the parties or the Public Prosecutor’s Office, shall determine the performance of a social or expert study by an interprofessional or multidisciplinary team, as well as the hearing of witnesses who prove the presence of one of the causes of suspension or dismissal family power provided for in arts. 1,637 and 1,638 of Law No. 10,406, of January 10, 2002 – Civil Code, or in art. 24 of this Law. (Wording given by Law No. 12,010, 2009)
Paragraph 2. In the case of parents from indigenous communities, intervention by the professional or multidisciplinary team referred to in Paragraph 1 of this article is still mandatory, with representatives of the federal body responsible for indigenous policy, subject to the provisions of Paragraph 6 of Art. 28 of this Law. (Wording given by Law No. 12,010, 2009)

• 3 If the request involves a change of custody, the child’s or adolescent’s hearing will be mandatory, as far as possible and reasonable, respecting their stage of development and degree of understanding about the implications of the measure. (Included by Law No. 12,010, 2009)
• 4 The parents’ hearing is mandatory whenever they are identified and are in a known location. (Included by Law No. 12,010, 2009)

Article 162

Once the answer is presented, the judicial authority will review the case file for five days, except when the latter is the claimant, designating, from the outset, an instruction and trial hearing.
Paragraph 1. At the request of either party, the Public Prosecutor’s Office, or an official letter, the judicial authority may determine the performance of a social study or, if possible, an expert examination by an interprofessional team.
Paragraph 2. At the hearing, when the parties and the Public Prosecutor are present, the witnesses will be heard, orally taking the technical opinion, except when presented in writing, successively manifesting the claimant, the defendant and the Public Prosecutor, for a period of minutes each, extendable for another ten. The decision will be rendered at the hearing, and the judicial authority may, exceptionally, designate a date for its reading within a maximum period of five days.

Article 163

The maximum period for completing the procedure will be 120 (one hundred and twenty) days. (Wording given by Law No. 12,010, 2009)

Single paragraph. The sentence that decrees the loss or suspension of family power will be recorded in the margin of the child’s or adolescent’s birth registration. (Included by Law No. 12,010, 2009)

Section III – Dismissal of Guardianship

Article 164

In the removal of guardianship, the procedure for the removal of guardian provided for in the civil procedural law and, where applicable, the provisions of the previous section shall be observed.

Section IV – Placing a Substitute Family

Article 165

The following are requirements for granting requests for placement in a substitute family:
I – complete qualification of the applicant and his eventual spouse, or partner, with his express consent;
II – indication of any kinship between the applicant and his spouse, or partner, with the child or adolescent, specifying whether or not he has a living relative;
III – complete qualification of the child or adolescent and their parents, if known;
IV – indication of the registry office where the birth was registered, attaching, if possible, a copy of the respective certificate;
V – declaration on the existence of assets, rights or income related to the child or adolescent.
Single paragraph. When it comes to adoption, specific requirements will also be observed.

Article 166

If the parents are deceased, have been removed or suspended from family power, or have expressly adhered to the request for placement in a substitute family, it can be formulated directly in a notary, in a petition signed by the applicants themselves, without the assistance of a lawyer. (Wording given by Law No. 12,010, of 2009)
Paragraph 1. In the event of the parents’ agreement, they will be heard by the judicial authority and by the representative of the Public Ministry, taking the statements as their term. (Included by Law No. 12,010, 2009)

Paragraph 2. The consent of the holders of family power shall be preceded by guidelines and clarifications provided by the interprofessional team of the Child and Youth Justice, in particular, in the case of adoption, on the irrevocability of the measure. (Included by Law No. 12,010, 2009)

Paragraph 3. The consent of the holders of family power shall be obtained by the competent judicial authority at the hearing, with the Public Prosecutor present, the free expression of will being guaranteed and efforts to maintain the child or adolescent in the natural or extended family exhausted. (Included by Law No. 12,010, 2009)

• 4 The consent given in writing will not be valid if it is not ratified at the hearing referred to in § 3 of this article. (Included by Law No. 12,010, 2009)
• 5 The consent is retractable until the date of publication of the sentence constituting the adoption. (Included by Law No. 12,010, 2009)
• 6 Consent will only be valid if it is given after the birth of the child. (Included by Law No. 12,010, 2009)
• 7 The substitute family will receive the necessary guidance through an interprofessional technical team at the service of the Judiciary, preferably with the support of the technicians responsible for implementing the municipal policy to guarantee the right to family life. (Included by Law No. 12,010, 2009)

 

Article 167

The judicial authority, ex officio or at the request of the parties or the Public Prosecutor’s Office, will determine the performance of a social study or, if possible, expertise by an interprofessional team, deciding on the granting of provisional custody, as well as, in the case of adoption, on the coexistence stage.

Single paragraph. Once the grant of provisional custody or coexistence stage is granted, the child or adolescent will be handed over to the interested party, upon a term of responsibility. (Included by Law No. 12,010, 2009)

Article 168

Once the social report or expert report is presented, and the child or adolescent is heard, whenever possible, the file will be viewed by the Public Prosecutor’s Office for a period of five days, with the judicial authority deciding on the same period.

Article 169

In the event that the removal of guardianship, the loss or suspension of family power constitutes a logical presumption of the main measure of placement in a substitute family, the contradictory procedure provided for in Sections II and III of this Chapter will be observed. (Expression replaced by Law No. 12,010, 2009)
Sole paragraph. The loss or modification of custody may be decreed in the same records of the procedure, subject to the provisions of art. 35.

Article 170

Granted custody or guardianship, the provisions of art. 32, and, as for the adoption, contained in art. 47.

Single paragraph. The placement of a child or adolescent under the custody of a person enrolled in a family reception program will be communicated by the judicial authority to the entity responsible for this within a maximum period of 5 (five) days. (Included by Law No. 12,010, 2009)

Section V – Determination of Infractional Act Attributed to Adolescents

Article 171

The teenager apprehended under a judicial order will be immediately referred to the judicial authority.

Article 172

The adolescent apprehended in the act of committing an infraction will be immediately referred to the competent police authority.
Single paragraph. If there is a specialized police department for the care of adolescents and in the case of an infraction practiced in co-authorship with greater importance, the attribution of the specialized department will prevail, which, after the necessary measures and as the case may be, will refer the adult to the proper police department.

Article 173

In case of flagrant of an infraction committed through violence or serious threat to the person, the police authority, without prejudice to the provisions of arts. 106, sole paragraph, and 107, shall:
I – draw up the arrest warrant, after hearing the witnesses and the adolescent;
II – seize the product and the instruments of the infraction;
III – request the examinations or expertise necessary to prove the materiality and authorship of the infraction.
Single paragraph. In other cases of flagrante delicto, the drafting of the record may be replaced by a detailed report.

Article 174

In the presence of any parent or guardian, the adolescent will be promptly released by the police authority, under the term of commitment and responsibility of his presentation to the representative of the Public Prosecutor, on the same day or, being impossible, on the first immediate working day, except when, due to the severity of the infraction and its social repercussions, the adolescent must remain in hospital to guarantee his personal safety or maintain public order.

Article 175

In case of non-release, the police authority will immediately forward the teenager to the representative of the Public Ministry, together with a copy of the arrest warrant or police report.
Paragraph 1. If immediate presentation is impossible, the police authority will send the adolescent to the assistance entity, which will make the presentation to the representative of the Public Ministry within twenty-four hours.
§ 2º In locations where there is no service entity, the presentation will be made by the police authority. In the absence of a specialized police department, the adolescent will wait for the presentation in a dependency separate from that intended for adults, and may not, under any circumstances, exceed the period referred to in the previous paragraph.

Article 176

If the adolescent is released, the police authority shall immediately forward a copy of the arrest warrant or police report to the representative of the Public Ministry.

Article 177

If, in the absence of a flagrante delicto, there are indications of adolescent participation in the practice of an infraction, the police authority will forward a report of the investigations and other documents to the representative of the Public Ministry.

Article 178

The teenager who is responsible for the offense cannot be driven or transported in a closed compartment of a police vehicle, under conditions that undermine his dignity, or that pose a risk to his physical or mental integrity, under penalty of responsibility.

Article 179

After the adolescent, the representative of the Public Prosecutor, on the same day and in view of the arrest warrant, police report or police report, duly assessed by the court and with information on the adolescent’s background, will proceed immediately and informally to his hearing , if possible, from their parents or guardian, victim and witnesses.
Single paragraph. In case of non-presentation, the representative of the Public Ministry will notify the parents or guardian for the adolescent’s presentation, and may request the civil and military police competition.

Article 180

Adopting the measures referred to in the previous article, the representative of the Public Prosecution Service may:
I – promote the filing of the records;
II – grant the remission;
III – represent the judicial authority for the application of a socio-educational measure.

Article 181

After the filing of the case was promoted or the remission was granted by the representative of the Public Prosecutor, by means of a reasoned term, which will contain the summary of the facts, the case will be concluded by the judicial authority for approval.
§ 1 Once the filing or remission is approved, the judicial authority will determine, as the case may be, compliance with the measure.
§ 2 In disagreement, the judicial authority will send the case file to the Attorney General of Justice, by reasoned order, and he will offer representation, designate another member of the Public Prosecutor to present it, or ratify the filing or remission, which will only then be the judicial authority obliged to ratify.

Article 182

If, for any reason, the representative of the Public Prosecutor does not promote the filing or grant the remission, he will offer representation to the judicial authority, proposing the establishment of a procedure for the application of the socio-educational measure that appears to be the most appropriate.
§ 1 Representation will be offered by petition, which will contain a brief summary of the facts and the classification of the infraction and, when necessary, the list of witnesses, which may be deducted orally, in a daily session installed by the judicial authority.
§ 2 The representation does not depend on pre-constituted proof of authorship and materiality.

Article 183

The maximum and non-extendable period for the completion of the procedure, if the adolescent is provisionally hospitalized, will be forty-five days.

Article 184

Once the representation has been offered, the judicial authority will designate the adolescent’s presentation audience, deciding, from the outset, on the decree or maintenance of the hospitalization, observing the provisions of art. 108 and paragraph.
§ 1 The teenager and his parents or guardian will be informed of the content of the representation, and notified to appear at the hearing, accompanied by a lawyer.
§ 2º If the parents or guardian are not located, the judicial authority will give a special curator to the adolescent.
§ 3º If the adolescent is not located, the judicial authority will issue a search and seizure warrant, determining the fact that the deed is overturned, until the effective presentation.
§ 4 When the adolescent is hospitalized, his presentation will be requested, without prejudice to the notification of the parents or guardian.

Article 185

Hospitalization, decreed or maintained by the judicial authority, cannot be carried out in a prison.
§ 1 In the absence of an entity with the characteristics defined in art. 123, the teenager should be immediately transferred to the nearest location.
§ 2 If the immediate transfer is impossible, the adolescent will await their removal in a police station, provided that they are in an isolated section of the adults and with appropriate facilities, and cannot exceed the maximum term of five days, under penalty of liability.

Article 186

When the adolescent, his parents or guardian appears, the judicial authority will hear them and may request the opinion of a qualified professional.
§ 1 If the judicial authority considers the remission to be appropriate, it will hear the representative of the Public Prosecutor, making a decision.
Paragraph 2. If the fact is serious, subject to the application of a measure of detention or placement in a semi-liberty regime, the judicial authority, verifying that the adolescent does not have a constituted lawyer, will appoint a defender, designating, from the outset, a continuing hearing, being able to determine carrying out diligences and studying the case.
Paragraph 3. The appointed lawyer or the appointed defender, within three days from the presentation hearing, will offer prior defense and a list of witnesses.
§ 4 At the continuing hearing, after hearing the witnesses listed in the representation and in the prior defense, after due diligence and the report of the interprofessional team has been joined, the representative of the Public Prosecutor and the defender will be given the floor, successively, for a period of twenty minutes. each, extendable for another ten, at the discretion of the judicial authority, which will then issue a decision.

Article 187

If the adolescent, duly notified, does not appear, without justification, at the presentation hearing, the judicial authority will designate a new date, determining his coercive conduct.

Article 188

The remission, as a form of extinction or suspension of the process, can be applied at any stage of the procedure, before the sentence.

Article 189

The judicial authority will not apply any measure, as long as it recognizes in the sentence:
I – the inexistence of the fact is proven;
II – there is no proof of the existence of the fact;
III – the fact does not constitute an infraction;
IV – there is no evidence that the adolescent participated in the offense.
Single paragraph. In the hypothesis of this article, when the adolescent is hospitalized, he will be immediately released.

Article 190

The subpoena of the sentence that applies an internment measure or semi-liberty regime will be made:
I – the adolescent and his defender;
II – when the teenager is not found, to his parents or guardian, without prejudice to the defender.
§ 1 If the measure is another, the subpoena will only be made in the person of the defender.
§ 2 – When the subpoena is passed on to the adolescent, he must declare whether or not he wishes to appeal the sentence.

Section VI – Determination of Irregularities in a Service Entity

Article 191

The procedure for investigating irregularities in a governmental and non-governmental entity will begin by means of a decree from the judicial authority or representation from the Public Prosecutor’s Office or the Guardianship Council, where a summary of the facts must be included.
Single paragraph. If there is a serious reason, the judicial authority, after hearing the Public Prosecutor’s Office, will be able to decree the provisional removal of the entity’s director, through a reasoned decision.

Article 192

The director of the entity will be summoned to, within ten days, offer a written answer, being able to gather documents and indicate the evidence to produce.

Article 193

Whether the answer is presented or not, and if necessary, the judicial authority will designate an instruction and trial hearing, summoning the parties.
Paragraph 1. Unless manifested in a hearing, the parties and the Public Prosecutor’s Office will have five days to offer final arguments, deciding the judicial authority within the same period.
§ 2 In the case of temporary or permanent removal of a government official, the judicial authority shall officiate to the administrative authority immediately superior to the removed person, setting a deadline for the replacement.
§ 3 Before applying any of the measures, the judicial authority may set a deadline for the removal of the irregularities found. Once the requirements are satisfied, the process will be terminated, without judgment on the merits.
§ 4 The fine and warning will be imposed on the entity’s director or service program.

Section VII – From Determination of Administrative Infringement to Child and Adolescent Protection Rules

Article 194

The procedure for imposing an administrative penalty for breach of the rules for the protection of children and adolescents will begin with representation from the Public Prosecutor’s Office, or from the Guardianship Council, or an infraction notice prepared by an official or accredited volunteer, and signed by two witnesses, if possible.
§ 1 In the procedure initiated with the infraction notice, printed formulas may be used, specifying the nature and circumstances of the infraction.
§ 2 Whenever possible, verification of the infraction will be followed by the drawing up of the record, making sure, if not, the reasons for the delay.

Article 195

The defendant will have ten days to present a defense, counting from the date of the summons, which will be made:
I – by the taxpayer, in the case itself, when this is drawn up in the presence of the defendant;
II – by a court official or legally qualified employee, who will deliver a copy of the report or representation to the defendant, or to his legal representative, drawing up a certificate;
III – by post, with acknowledgment of receipt, if the defendant or his legal representative is not found;
IV – by notice, with a term of thirty days, if the whereabouts of the defendant or his legal representative are uncertain or not known.

Article 196

If the defense is not presented within the legal term, the judicial authority will review the case file of the Public Prosecutor for five days, deciding on the same term.

Article 197

Once the defense is presented, the judicial authority will proceed in conformity with the previous article, or, if necessary, designate an instruction and trial hearing.
Single paragraph. Once the oral evidence has been collected, the Public Prosecutor’s Office and the defendant’s attorney will appear in succession, for a period of twenty minutes for each one, extendable for another ten, at the discretion of the judicial authority, which will then pass judgment.

Section VIII – Qualification of Applicants to Adoption – (Included by Law No. 12,010, 2009)

Art. 197-A

Adoption applicants, domiciled in Brazil, will present an initial petition stating: (Included by Law No. 12,010, 2009)

I – complete qualification; (Included by Law No. 12,010, 2009)

II – family data; (Included by Law No. 12,010, 2009)

III – certified copies of the birth or marriage certificate, or declaration regarding the period of stable union; (Included by Law No. 12,010, 2009)

IV – copies of the identity card and registration in the Individual Taxpayer Register; (Included by Law No. 12,010, 2009)

V – proof of income and domicile; (Included by Law No. 12,010, 2009)

VI – certificates of physical and mental health; (Included by Law No. 12,010, 2009)

VII – certificate of criminal record; (Included by Law No. 12,010, 2009)

VIII – negative civil distribution certificate. (Included by Law No. 12,010, 2009)

197-B

The judicial authority, within 48 (forty-eight) hours, will give a view of the records to the Public Prosecutor’s Office, which within 5 (five) days may: (Included by Law No. 12,010, 2009)

I – present questions to be answered by the interprofessional team in charge of preparing the technical study referred to in art. 197-C of this Law; (Included by Law No. 12,010, 2009)

II – request the appointment of a hearing for the hearing of the postulants in court and witnesses; (Included by Law No. 12,010, 2009)

III – request the gathering of complementary documents and the performance of other measures that it deems necessary. (Included by Law No. 12,010, 2009)

197-C

The interprofessional team at the service of the Child and Youth Justice will be obliged to intervene in the deed, which should prepare a psychosocial study, which will contain subsidies that allow the assessment of the capacity and preparation of the postulants for the exercise of responsible parenthood, in the light of the requirements and principles of this Law. (Included by Law No. 12,010, 2009)

Paragraph 1. It is mandatory the participation of applicants in a program offered by the Child and Youth Justice, preferably with the support of the technicians responsible for implementing the municipal policy to guarantee the right to family life, which includes psychological preparation, guidance and encouragement for interracial adoption. , older children or adolescents, with specific health needs or disabilities and groups of siblings. (Included by Law No. 12,010, 2009)

Paragraph 2. Whenever possible and recommended, the mandatory stage of preparation referred to in Paragraph 1 of this article will include contact with children and adolescents in foster care or institutional conditions in conditions to be adopted, to be carried out under the guidance, supervision and evaluation of technical team of the Child and Youth Justice, with the support of the technicians responsible for the family or institutional care program and for the implementation of the municipal policy to guarantee the right to family life. (Included by Law No. 12,010, 2009)

197-D

The completion of participation in the program referred to in art. 197-C of this Law, the judicial authority, within 48 (forty-eight) hours, will decide on the steps required by the Public Prosecutor’s Office and will determine the joint psychosocial study, designating, as the case may be, an instruction hearing and judgment. (Included by Law No. 12,010, 2009)

Single paragraph. If diligences are not required, or if these are dismissed, the judicial authority will determine the joint psychosocial study, then opening the case file to the Public Ministry, for 5 (five) days, deciding within the same period. (Included by Law No. 12,010, 2009)

Art. 197-E

After the qualification is granted, the applicant will be registered in the registers referred to in art. 50 of this Law, and its call for adoption is made according to the chronological order of qualification and according to the availability of adoptable children or adolescents. (Included by Law No. 12,010, 2009)

• 1 The chronological order of qualifications can only be observed by the judicial authority in the cases provided for in § 13 of art. 50 of this Law, when proven to be the best solution in the interest of the adoptee. (Included by Law No. 12,010, 2009)

Paragraph 2. The systematic refusal to adopt the indicated children or adolescents will imply a reassessment of the license granted. (Included by Law No. 12,010, 2009)

Chapter IV – Resources

Article 198

In the procedures related to the Child and Youth Justice, including those related to the execution of socio-educational measures, the appeals system of Law No. 5,869, of January 11, 1973 (Civil Procedure Code) will be adopted, with the following adaptations : (Wording given by Law No. 12,594, of 2012)
I – the appeals will be filed regardless of preparation;
II – in all appeals, except in the declaration embargoes, the term for the Public Ministry and for the defense will always be 10 (ten) days; (Wording given by Law No. 12,594, of 2012)
III – the appeals will have a preference for judgment and will not require a reviewer;
IV – (Repealed by Law No. 12,010, 2009)
V – (Repealed by Law No. 12,010, 2009)
VI – (Repealed by Law No. 12,010, 2009)
VII – before determining the transfer of the records to the higher court, in the case of an appeal, or of the instrument, in the case of an interlocutory appeal, the judicial authority shall issue a reasoned order, maintaining or reforming the decision, within five days;
VIII – the appealed or aggravated decision is maintained, the clerk shall forward the case or instrument to the higher court within twenty-four hours, regardless of the applicant’s new request; if it is reformed, the transfer of the case will depend on an express request from the interested party or the Public Prosecutor, within five days, counted from the summons.

Article 199

Against decisions rendered on the basis of art. 149 an appeal may be filed.

Art. 199-A

The sentence granting the adoption takes effect immediately, although subject to appeal, which will be received exclusively in return, unless it is an international adoption or if there is a danger of irreparable damage or difficult repair to the adoptee. (Included by Law No. 12,010, 2009)

Art. 199-B

The sentence that removes both or any of the parents of the family power is subject to appeal, which should be received only in return. (Included by Law No. 12,010, 2009)

Art. 199-C

The resources in the procedures of adoption and dismissal of family power, in view of the relevance of the issues, will be processed with absolute priority, and should be immediately distributed, being forbidden to wait, in any situation, timely distribution, and will be placed on the table for judgment without review and with an urgent opinion from the Public Ministry. (Included by Law No. 12,010, 2009)

Art. 199-D

The rapporteur must put the case on the table for judgment within a maximum period of 60 (sixty) days, counted from its conclusion. (Included by Law No. 12,010, 2009)

Single paragraph. The Public Prosecutor’s Office will be notified of the date of the trial and may, if deemed necessary, present its opinion orally at the session. (Included by Law No. 12,010, 2009)

Art. 199-E

The Public Prosecutor’s Office may request the establishment of a procedure for the verification of responsibilities if it finds the non-compliance with the measures and the deadline provided for in the previous articles. (Included by Law No. 12,010, 2009)

Chapter V – The Public Ministry

Article 200

The functions of the Public Prosecution Service provided for in this Law will be exercised under the terms of the respective organic law.

Article 201

It is incumbent upon the Public Ministry:
I – to grant the remission as a form of exclusion from the process;
II – promote and monitor the procedures related to infractions attributed to adolescents;
III – promote and monitor food actions and procedures for suspension and removal of family power, appointment and removal of tutors, curators and guardians, as well as officiating in all other procedures within the jurisdiction of the Child and Youth Justice; (Expression replaced by Law No. 12,010, 2009)
IV – promote, by letter or at the request of interested parties, the specialization and registration of legal mortgages and accountability of tutors, curators and any asset managers of children and adolescents in hypotheses of art. 98;
V – promote civil inquiry and public civil action to protect individual, diffuse or collective interests related to childhood and adolescence, including those defined in art. 220, § 3, item II, of the Federal Constitution;
VI – institute administrative procedures and, in order to instruct them:
a) issue notifications to collect testimonies or clarifications and, in case of unjustified non-attendance, request coercive driving, including by the civil or military police;
b) request information, examinations, expertise and documents from municipal, state and federal authorities, from the direct or indirect administration, as well as promote inspections and investigative procedures;
c) request information and documents from individuals and private institutions;
VII – initiate investigations, request investigative investigations and determine the initiation of a police investigation, to investigate unlawful acts or violations of child and youth protection rules;
VIII – to ensure the effective respect for the legal rights and guarantees guaranteed to children and adolescents, promoting the appropriate judicial and extrajudicial measures;
IX – to file a writ of mandamus, injunction and habeas corpus, in any court, instance or court, in defense of the social and individual interests unavailable to children and adolescents;
X – represent to the court seeking the application of a penalty for infractions committed against the norms for the protection of children and youth, without prejudice to the promotion of civil and criminal liability of the offender, when applicable;
XI – inspect public and private service entities and the programs covered by this Law, promptly adopting the administrative or judicial measures necessary to remove irregularities that may have been found;
XII – request police force, as well as the collaboration of medical, hospital, educational and social assistance services, public or private, for the performance of their duties.
§ 1. The legitimacy of the Prosecutor for civil actions under this Article shall not prevent the third in the same cases, according to dictate the Constitution and this Act.
§ 2 The duties set out in this article do not exclude others, provided they are compatible with the purpose of Public ministry.
§ 3 The representative of the Public Ministry, in the exercise of his functions, shall have free access to any place where a child or adolescent is found.
§ 4 The representative of the Public Ministry will be responsible for the improper use of the information and documents that he requests, in the legal cases of secrecy.
§ 5 For the exercise of the attribution referred to in item VIII of this article, the representative of the Public Prosecutor may:
a) reduce to term the declarations of the claimant, establishing the competent procedure under his presidency;
b) to deal directly with the person or authority claimed, on a day, place and time previously notified or agreed;
c) make recommendations aimed at improving public and publicly relevant services for children and adolescents, setting a reasonable period for their perfect adequacy.

Article 202

In the processes and procedures to which you are not a party, the Public Prosecutor’s Office will obligatorily act in defense of the rights and interests covered by this Law, in which case you will see the records after the parties, being able to gather documents and request diligences, using the appropriate resources.

Article 203

The summons of the Public Ministry, in any case, will be made in person.

Article 204

The lack of intervention by the Public Ministry results in the nullity of the deed, which will be declared ex officio by the judge or at the request of any interested party.

Article 205

The procedural manifestations of the representative of the Public Ministry must be substantiated.

Chapter VI – The Lawyer

Article 206

The child or adolescent, their parents or guardian, and anyone who has a legitimate interest in resolving the dispute may intervene in the procedures covered by this Law, through a lawyer, who will be summoned for all acts, personally or by official publication , respecting the secret of justice.
Single paragraph. Full and free legal assistance will be provided to those who need it.

Article 207

No adolescent to whom the practice of an infraction is attributed, even if absent or at large, will not be prosecuted without a defender.
§ 1 If the adolescent has no defender, he will be appointed by the judge, subject to the right to, at all times, constitute another of his preference.
§ 2 The absence of the defender will not cause the postponement of any act of the process, and the judge must appoint a substitute, even if provisionally, or for the sole purpose of the act.
Paragraph 3. The granting of a mandate will be dispensed with, when dealing with a named defender or, if constituted, has been appointed on the occasion of a formal act in the presence of the judicial authority.

Chapter VII – Judicial Protection of Individual, Diffuse and Collective Interests

Article 208

Responsibility actions for offending the guaranteed rights of children and adolescents, regarding non-availability or irregular offer, are governed by the provisions of this Law:
I – compulsory education;
II – specialized educational assistance for the disabled;
III – daycare and pre-school care for children from zero to six years of age;
IV – regular night teaching, appropriate to the student’s conditions;
V – supplementary programs for the supply of didactic-school material, transportation and health care for elementary school students;
VI – social assistance service aimed at protecting the family, motherhood, childhood and adolescence, as well as providing support to children and adolescents who need it;
VII – access to health actions and services;
VIII – schooling and professionalization of adolescents deprived of their liberty.

IX – actions, services and programs for the guidance, support and social promotion of families and aimed at the full exercise of the right to family life by children and adolescents. (Included by Law No. 12,010, 2009)

X – assistance programs for the implementation of socio-educational measures and the application of protective measures. (Included by Law No. 12,594, of 2012)
§ 1 The assumptions provided for in this article do not exclude from judicial protection other individual, diffuse or collective interests, specific to childhood and adolescence, protected by the Constitution and the Law. (Renumbered from the sole Paragraph by Law No. 11,259, of 2005)
§ 2 The investigation of the disappearance of children or adolescents will be carried out immediately after notification to the competent bodies, which shall report the fact to the ports, airports, Highway Police and interstate and international transportation companies, providing all of them the necessary data to identify the missing person. (Included by Law No. 11,259, of 2005)

Article 209

The actions provided for in this Chapter will be proposed in the jurisdiction of the place where the action or omission occurred or should occur, whose judgment will have absolute competence to process the case, except for the jurisdiction of the Federal Justice and the original jurisdiction of the higher courts.

Article 210

For civil actions based on collective or diffuse interests, the following are considered to be legitimately concurrently:
I – the Public Ministry;
II – the Union, the states, the municipalities, the Federal District and the territories;
III – associations legally constituted for at least one year and which include among their institutional purposes the defense of the interests and rights protected by this Law, without the authorization of the assembly, if there is prior statutory authorization.
§ 1. Admit It will joinder optional between EU prosecutors and state in defending the interests and rights that this Law.
§ 2 In case of withdrawal or abandonment of the action for legitimate association, the public prosecutor or other legitimate may assume active ownership.

Article 211

Legitimate public bodies may make a commitment from interested parties to adjust their conduct to legal requirements, which will be effective as an extrajudicial enforcement order.

Article 212

To defend the rights and interests protected by this Law, all kinds of pertinent actions are admissible.
§ 1 The rules of the Civil Procedure Code apply to the actions provided for in this Chapter.
Paragraph 2. Against illegal or abusive acts of public authority or legal entity agent in the exercise of powers of the public power, which infringe the net and certain right provided for in this Law, mandatory action will be taken, which will be governed by the rules of the writ of mandamus.

Article 213

In the action that has as object the fulfillment of the obligation to do or not to do, the judge will grant specific protection of the obligation or will determine measures that ensure the practical result equivalent to that of the performance.
Paragraph 1. If the basis of the claim is relevant and if there is a justified fear of ineffectiveness of the final provision, it is lawful for the judge to grant the protection, either preliminarily or after prior justification, citing the defendant.
Paragraph 2. The judge may, in the event of the previous paragraph or in the sentence, impose a daily fine on the defendant, regardless of the plaintiff’s request, if it is sufficient or compatible with the obligation, setting a reasonable period for the fulfillment of the precept.
§ 3 The fine will only be demandable from the defendant after the sentence in favor of the sentence favorable to the plaintiff, but will be due from the day on which the non-compliance has been configured.

Article 214

The fines will revert to the fund managed by the Council for the Rights of Children and Adolescents of the respective municipality.
Paragraph 1. Fines not collected within thirty days after the decision has become res judicata will be demanded through enforcement carried out by the Public Prosecutor’s Office, in the same records, with the same initiative provided to the other legitimates.
§ 2 As long as the fund is not regulated, the money will be deposited in an official credit establishment, in an account with monetary correction.

Article 215

The judge may give suspensive effect to the appeals, to avoid irreparable damage to the party.

Article 216

Once the sentence that imposes a condemnation on the public authority has become final, the judge will determine the referral of pieces to the competent authority, to determine the civil and administrative liability of the agent to whom the action or omission is attributed.

Article 217

Sixty days after the final judgment of the condemnatory sentence, without the authorizing association promoting its execution, the Public Prosecutor’s Office must do so, providing the same initiative to the other legitimate parties.

Article 218

The judge will order the plaintiff association to pay the defendant the legal fees arbitrated in accordance with § 4 of art. 20 of Law No. 5,869, of January 11, 1973 (Civil Procedure Code), when it recognizes that the claim is manifestly unfounded.
Single paragraph. In case of litigation in bad faith, the authoring association and the directors responsible for bringing the action will be jointly and severally charged at ten times the cost, without prejudice to liability for losses and damages.

Article 219

In the actions covered by this Chapter, there will be no advance payment of costs, fees, expert fees and any other expenses.

Article 220

Anyone can and the public servant must provoke the Public Prosecutor’s initiative, providing him with information on facts that are the subject of civil action, and indicating the elements of conviction.

Article 221

If, in the exercise of their functions, the courts and tribunals are aware of facts that may give rise to the filing of a civil action, they will send pieces to the Public Ministry for the appropriate measures.

Article 222

To instruct the initial petition, the interested party may request from the competent authorities the certificates and information deemed necessary, which will be provided within fifteen days.

Article 223

The Public Prosecutor’s Office may initiate, under his presidency, a civil inquiry, or request, from any person, public or private body, certificates, information, examinations or forensics, within the time period indicated, which cannot be less than ten working days.
§ 1 If the Public Prosecutor’s Office, after all due diligence is exhausted, becomes convinced that there is no basis for filing the civil action, it will promote the archiving of the civil investigation records or information pieces, doing so reasonably.
§ 2º The civil investigation records or the pieces of information filed will be sent, under penalty of serious misconduct, within three days, to the Superior Council of the Public Ministry.
§ 3 Until the promotion of archiving is approved or rejected, at a session of the Superior Council of the Public Ministry, legitimate associations may submit written reasons or documents, which will be attached to the investigation records or attached to the information pieces.
§ 4 The filing promotion shall be subject to examination and deliberation by the Superior Council of the Public Prosecution Service, as provided in its bylaws.
Paragraph 5. If the Superior Council fails to ratify the promotion of filing, it will immediately designate another organ of the Public Ministry to file the lawsuit.

Article 224

The provisions of Law No. 7,347, of July 24, 1985, apply as a subsidiary, where applicable.

Title VII – Crimes and Administrative Offenses

Chapter I – Crimes

Section I – General Provisions

Article 225

This Chapter deals with crimes committed against children and adolescents, by action or omission, without prejudice to the provisions of criminal law.

Article 226

The rules of the General Part of the Penal Code apply to the crimes defined in this Law and, as regards the process, those pertaining to the Code of Criminal Procedure.

Article 227

The crimes defined in this Law are of unconditional public action

Section II – Crimes in Kind

Article 228

Let the person in charge of the service or the manager of the health care establishment of a pregnant woman keep a record of the activities developed, in the form and term referred to in art. 10 of this Law, as well as providing the parturient or her guardian, at the time of medical discharge, a birth certificate, containing the complications of childbirth and the development of the newborn:
Penalty – detention from six months to two years.
Single paragraph. If the crime is culpable:
Penalty – imprisonment for two to six months, or a fine.

Article 229

Let the doctor, nurse or manager of a pregnant woman’s health care establishment correctly identify the newborn and the parturient, during the delivery, as well as fail to carry out the tests referred to in art. 10 of this Law:
Penalty – imprisonment from six months to two years.
Single paragraph. If the crime is culpable:
Penalty – imprisonment for two to six months, or a fine.

Article 230

To deprive the child or adolescent of his or her freedom, proceeding to apprehend him without being in the act of committing an infraction or in the absence of a written order from the competent judicial authority:
Penalty – detention from six months to two years.
Single paragraph. Anyone who apprehends without observing the legal formalities applies to the same penalty.

Article 231

Leave the police authority responsible for the apprehension of a child or adolescent to make immediate communication to the competent judicial authority and the apprehended family or the person indicated by him:
Penalty – detention from six months to two years.

Article 232

Submitting children or adolescents under their authority, custody or surveillance to embarrassment or embarrassment:
Penalty – detention from six months to two years.

Article 233

Submitting children or adolescents under their authority, custody or surveillance to torture:
Penalty – imprisonment for one to five years.
§ 1 If serious bodily injury results:
Penalty – imprisonment for two to eight years.
§ 2 If serious bodily injury results:
Penalty – imprisonment for four to twelve years.
§ 3 If death results:
Penalty – imprisonment for fifteen to thirty years. (Repealed by Law No. 9,455, dated 7.4.1997:

Article 234

Failing the competent authority, without cause, to order the immediate release of a child or adolescent, as soon as he is aware of the illegality of the seizure:
Penalty – detention from six months to two years.

Article 235

Unreasonably breach the term set out in this Law for the benefit of adolescents deprived of their liberty:
Penalty – detention from six months to two years.

Article 236

. Prevent or hinder the action of a judicial authority, member of the Guardianship Council or representative of the Public Ministry in the exercise of the function provided for in this Law:
Penalty – detention from six months to two years.

Article 237

Remove children or adolescents from the power of those who have them under their custody by virtue of a law or court order, in order to place them in a substitute home:
Penalty – imprisonment for two to six years, and a fine.

Article 238

Promise or effect the delivery of a child or pupil to a third party, upon payment or reward:
Penalty – imprisonment for one to four years, and a fine.
Single paragraph. The same penalties apply to those who offer or pay or reward.

Article 239

Promote or assist the execution of an act aimed at sending children or adolescents abroad without complying with legal formalities or with a view to obtaining a profit:
Penalty – imprisonment for four to six years, and a fine.
Single paragraph. If there is use of violence, serious threat or fraud: (Included by Law No. 10.764, dated 11.12.2003)
Penalty – imprisonment, from 6 (six) to 8 (eight) years, in addition to the penalty corresponding to violence.

Article 240

Art. 240. Produce, reproduce, direct, photograph, film or record, by any means, an explicit or pornographic sex scene, involving a child or adolescent: (Wording given by Law nº 11.829, of 2008)
Penalty – reclusion, of 4 ( four) to 8 (eight) years, and a fine. (Wording given by Law nº 11.829, of 2008)
§ 1 The incurs the same penalties who agency, facilitate, recruit, coerce, or in any way mediate the participation of children or adolescents in the scenes referred to in the caput of this article, or even those with these opposite. (Wording given by Law nº 11.829, of 2008)
§ 2nd The penalty of 1/3 (one third) is increased if the agent commits the crime: (Wording given by Law nº 11.829, of 2008)
I – in the exercise of public office or function or under the pretext of exercising it; (Wording given by Law 11.829, of 2008)
II – prevailing in domestic relations, cohabitation or hospitality; or (Wording given by Law 11.829, of 2008)

III – taking advantage of kinship or similar relationships up to the third degree, or by adoption, of a guardian, healer, preceptor, employer of the victim or whoever has any authority over her, or with her consent. (Included by Law No. 11,829, of 2008)

Article 241

Art. 241. Selling or exhibiting for sale a photograph, video or other record that contains an explicit or pornographic sex scene involving a child or adolescent: (Wording given by Law 11.829, of 2008)
Penalty – imprisonment, from 4 (four) to 8 (eight) years, and a fine. (Wording given by Law nº 11.829, of 2008)

Art. 241-A

Offer, exchange, make available, transmit, distribute, publish or disseminate by any means, including by means of a computer or telematic system, photography, video or other record containing an explicit or pornographic sex scene involving a child or adolescent: (Included by Law 11,829, of 2008)

Penalty – imprisonment, from 3 (three) to 6 (six) years, and a fine. (Included by Law No. 11,829, of 2008)

• 1 The same penalties apply to those who: (Included by Law 11.829, of 2008)

I – ensures the means or services for the storage of photographs, scenes or images referred to in the caput of this article; (Included by Law No. 11,829, of 2008)

II – ensures, by any means, access by computer network to the photographs, scenes or images referred to in the caput of this article. (Included by Law 11.829, of 2008)

Paragraph 2. The conducts typified in items I and II of Paragraph 1 of this article are punishable when the legally responsible for providing the service, officially notified, ceases to disable access to the illegal content referred to in the caput of this article. (Included by Law No. 11,829, of 2008)

 

Art. 241-B

Acquire, own or store, by any means, photography, video or other form of record that contains an explicit or pornographic sex scene involving a child or adolescent: (Included by Law No. 11,829, 2008)

Penalty – imprisonment, from 1 (one) to 4 (four) years, and a fine. (Included by Law No. 11,829, of 2008)

• 1 The penalty is reduced from 1 (one) to 2/3 (two thirds) if the material referred to in the caput of this article is small. (Included by Law No. 11,829, of 2008)
• 2 There is no crime if possession or storage has the purpose of communicating to the competent authorities the occurrence of the conduct described in arts. 240, 241, 241-A and 241-C of this Law, when the communication is made by: (Included by Law nº 11.829, of 2008)

I – public agent in the exercise of his functions; (Included by Law No. 11,829, of 2008)

II – member of a legally constituted entity that includes, among its institutional purposes, the receipt, processing and forwarding of news of the crimes referred to in this paragraph; (Included by Law No. 11,829, of 2008)

III – legal representative and responsible employees of an access provider or service provided through a computer network, until the receipt of material related to the news made to the police authority, the Public Ministry or the Judiciary. (Included by Law No. 11,829, of 2008)

• 3 The persons referred to in § 2 of this article must keep the illicit material referred to confidential. (Included by Law No. 11,829, of 2008)

 

Art. 241-C

Simulate the participation of a child or adolescent in an explicit or pornographic sex scene by means of adulteration, assembly or modification of a photograph, video or any other form of visual representation: (Included by Law No. 11,829, 2008)

Penalty – imprisonment, from 1 (one) to 3 (three) years, and a fine. (Included by Law No. 11,829, of 2008)

Single paragraph. Anyone who sells, exhibits for sale, makes available, distributes, publishes or disseminates by any means, acquires, owns or stores the material produced in the form of the caput of this article incurs the same penalties. (Included by Law No. 11,829, of 2008)

 

Art. 241-D

Enticing, harassing, instigating or embarrassing, by any means of communication, a child, in order to practice a libidinous act with her: (Included by Law 11.829, of 2008)

Penalty – imprisonment, from 1 (one) to 3 (three) years, and a fine. (Included by Law No. 11,829, of 2008)

Single paragraph. The same penalties apply to those who: (Included by Law 11.829, of 2008)

I – facilitates or induces access to the child of material containing an explicit or pornographic sex scene in order to practice a libidinous act with him; (Included by Law No. 11,829, of 2008)

II – practices the conduct described in the caput of this article in order to induce children to display themselves pornographic or sexually explicit. (Included by Law No. 11,829, of 2008)

Art. 241-E

For the purposes of the crimes provided for in this Law, the expression “scene of explicit or pornographic sex” includes any situation involving a child or adolescent in explicit, real or simulated sexual activities, or the display of Organs genital organs of a child or adolescent for primarily sexual purposes. (Included by Law No. 11,829, of 2008)

Article 242

Sell, supply even free of charge or deliver, in any way, the child or adolescent with a weapon, ammunition or explosive:
Penalty – imprisonment from six months to two years, and a fine.
Penalty – imprisonment, from 3 (three) to 6 (six) years. (Wording given by Law nº 10.764, of 11/12/2003)

Article 243

Sell, supply even free of charge, administer or deliver, in any way, the child or adolescent, without just cause, products whose components may cause physical or psychological dependence, even for improper use:
Penalty – detention from six months to two years and a fine if the fact does not constitute a more serious crime.
Penalty – detention from 2 (two) to 4 (four) years, and a fine, if the fact does not constitute a more serious crime. (Wording given by Law nº 10.764, of 11/12/2003)

Article 244

Sell, supply even free of charge, or deliver, in any way, the child or adolescent fireworks or explosion, except those that, due to their reduced potential, are unable to cause any physical damage in case of improper use:
Penalty – detention of six months to two years, and a fine.

Art. 244-A

Submit a child or adolescent, as defined in the caput of art. 2 of this Law, to prostitution or sexual exploitation: (Included by Law No. 9,975, dated 6.23.2000)

Penalty – imprisonment for four to ten years, and fine.

• 1 The owner, the manager or the person responsible for the place where the child or adolescent is submitted to the practices referred to in the caput of this article, incur the same penalties. (Included by Law No. 9,975, dated 6.23.2000)

Paragraph 2. The mandatory effect of the condemnation is the revocation of the location and operation license of the establishment. (Included by Law No. 9,975, dated 6.23.2000)

Art. 244-B

Corrupt or facilitate the corruption of minors under 18 (eighteen) years of age, with him practicing a criminal offense or inducing him to practice it: (Included by Law No. 12,015, 2009)

Penalty – imprisonment, from 1 (one) to 4 (four) years. (Included by Law No. 12,015, 2009)

• 1 The penalties foreseen in the caput of this article incur those who practice the types of conduct there using any electronic means, including internet chat rooms. (Included by Law No. 12,015, 2009)
• 2 The penalties provided for in the caput of this article are increased by one third in case the infraction committed or induced is included in the list of art. 1st of Law No. 8,072, of July 25, 1990. (Included by Law No. 12,015, of 2009)

 

Chapter II – Administrative Infringements

Article 245

Letting the doctor, teacher or person responsible for health care and elementary education, pre-school or day care, notify the competent authority of cases of which he is aware, involving suspicion or confirmation of ill-treatment against children or adolescents:
Penalty – a fine of three to twenty reference wages, double the amount in case of recurrence.

Article 246

Prevent the responsible or employee of a service entity from exercising the rights contained in items II, III, VII, VIII and XI of art. 124 of this Law:
Penalty – fine of three to twenty reference salaries, twice as much in case of recurrence.

Article 247

Disclose, totally or partially, without due authorization, by any means of communication, name, act or document of police, administrative or judicial procedure related to the child or adolescent to whom the infraction is attributed:
Penalty – fine of three to twenty reference wages , applying twice as much in case of recurrence.
§ 1 The same penalty applies to anyone who displays, totally or partially, a photograph of a child or adolescent involved in an infraction, or any illustration that concerns him or refers to acts attributed to him, in order to allow his identification, directly or indirectly. .
§ 2 If the fact is practiced by a press agency or radio or television broadcaster, in addition to the penalty provided for in this article, the judicial authority may determine the seizure of the publication or the suspension of the broadcaster’s programming for up to two days, as well as the publication of the journal even by two numbers. Expression suspended by ADIN 869-2.

Article 248

Failing to submit to the judicial authority of his domicile, within five days, in order to regularize custody, a teenager brought from another county to provide domestic service, even if authorized by the parents or guardian:
Penalty – fine of three to twenty reference salaries, twice as much in case of recurrence, regardless of the adolescent’s return expenses, if applicable.

Article 249

To violate, intentionally or culpably, the duties inherent to family power or arising from guardianship or custody, as well as determination of the judicial authority or Guardianship Council: (Expression replaced by Law No. 12,010, 2009)
Penalty – fine of three to twenty reference wages , applying twice as much in case of recurrence.

Article 250

Host a child or adolescent unaccompanied by their parents or guardian, or without written authorization from them or the judicial authority, in a hotel, boarding house, motel or branch: (Wording given by Law No. 12,038, 2009).

Penalty – fine. (Wording given by Law No. 12,038, of 2009).

• 1 In the event of a repeat offense, without prejudice to the fine, the judicial authority may determine the closure of the establishment for up to 15 (fifteen) days. (Included by Law No. 12,038, 2009).
• 2 If the recurrence is proven in less than 30 (thirty) days, the establishment will be definitively closed and its license will be revoked. (Included by Law No. 12,038, 2009).

Article 251

Transporting a child or adolescent, by any means, without observing the provisions of arts. 83, 84 and 85 of this Law:
Penalty – fine of three to twenty reference wages, double the amount in case of recurrence.

Article 252

Leave the person responsible for public entertainment or spectacle to post, in a visible and easily accessible place, at the entrance to the exhibition site, highlighted information about the nature of the entertainment or spectacle and the age range specified in the classification certificate:
Penalty – fine of three to twenty reference salaries, twice as much in case of recurrence.

Article 253

Advertise theatrical plays, films or any performances or performances, without indicating the age limits that are not recommended:
Penalty – fine of three to twenty reference salaries, doubled in case of recurrence, applicable separately to the venue and advertising or publicity bodies.

Article 254

To transmit, by radio or television, a show at a time different from that authorized or without notice of its classification:
Penalty – fine of twenty to one hundred reference salaries; duplicated in the event of a repeat offense, the judicial authority may decide to suspend the broadcaster’s programming for up to two days.

Article 255

Show a movie, trailer, play, sample or similar classified by the competent agency as inappropriate for children or adolescents admitted to the show:
Penalty – fine of twenty to one hundred reference wages; in the event of a repeat offense, the authority may decide to suspend the show or close the establishment for up to fifteen days.

Article 256

Sell ​​or rent the child or adolescent video programming tape, in disagreement with the classification attributed by the competent agency:
Penalty – fine of three to twenty reference salaries; in the event of a repeat offense, the judicial authority may order the establishment to be closed for up to fifteen days.

Article 257

Breach the obligation contained in arts. 78 and 79 of this Law:
Penalty – fine of three to twenty reference salaries, doubling the penalty in case of recurrence, without prejudice to the seizure of the magazine or publication.

Article 258

Let the person in charge of the establishment or the entrepreneur observe the provisions of this Law regarding the access of children or adolescents to places of entertainment, or their participation in the show:
Penalty – fine of three to twenty reference wages; in the event of a repeat offense, the judicial authority may order the establishment to be closed for up to fifteen days.

Provision VIII – Final and Transitional Provisions

Article 259

The Union, within ninety days from the publication of these Bylaws, will draft a law providing for the creation or adaptation of its bodies to the guidelines of the service policy set out in art. 88 and to that established by Title V of Book II.
Single paragraph. It is up to the states and municipalities to promote the adaptation of their bodies and programs to the guidelines and principles established in this Law.

Article 260

Taxpayers may make donations to the National, District, State or Municipal Funds for the Rights of Children and Adolescents, duly proven, which are fully deducted from income tax, subject to the following limits: (Wording given by Law No. 12,594, 2012)

I – 1% (one percent) of the income tax due calculated by legal entities taxed based on taxable income; and (Wording given by Law No. 12,594, of 2012)

II – 6% (six percent) of the income tax calculated by individuals in the Annual Adjustment Statement, subject to the provisions of art. 22 of Law No. 9,532, of December 10, 1997. (Wording given by Law No. 12,594, of 2012)
§ 1 – (Repealed by Law No. 9,532, of December 10, 1997)
§ 1-A. In defining the priorities to be met with the funds raised by the National, State and Municipal Funds for the Rights of Children and Adolescents, the provisions of the National Plan for the Promotion, Protection and Defense of the Rights of Children and Adolescents to Family Life will be considered, as well as as the rules and principles related to guaranteeing the right to family life provided for in this Law. (Included by Law No. 12,010, 2009)
Paragraph 2. The Municipal, State and National Councils for the Rights of Children and Adolescents shall establish criteria for use, through plans for the application of subsidized donations and other revenues, necessarily applying a percentage to encourage reception, in the form of custody, children or adolescent, orphaned or abandoned, as provided in art. 227, § 3, VI, of the Federal Constitution.

• 3 The Federal Revenue Department, of the Ministry of Economy, Finance and Planning, will regulate the proof of donations made to the funds, under the terms of this article. (Included by Law No. 8,242, dated 10.12.1991)
• 4 The Public Prosecution Service will determine in each district the form of inspection of the application, by the Municipal Fund for the Rights of Children and Adolescents, of the tax incentives referred to in this article. (Included by Law No. 8,242, dated 10.12.1991) § 5 Observed the provisions of § 4 of art. 3 of Law No. 9,249, of December 26, 1995, the deduction referred to in item I of the caput: (Wording given by Law No. 12,594, of 2012)
  I – will be considered in isolation, not being subject to a limit in conjunction with other tax deductions; and (Included by Law No. 12,594, of 2012)
  II – it cannot be counted as an operating expense in determining the real profit. (Included by Law No. 12,594, of 2012)

Article 260-A

As of the 2010 financial year, calendar year 2009, the individual may opt for the donation referred to in item II of the caput of art. 260 directly in its Annual Adjustment Statement. (Included by Law No. 12,594, of 2012)

• 1 The donation referred to in the caput may be deducted up to the following percentages applied to the tax determined in the declaration: (Included by Law No. 12,594, of 2012)

I – (VETOED); (Included by Law No. 12,594, of 2012)
II – (VETOED); (Included by Law No. 12,594, of 2012)
III – 3% (three percent) from fiscal year 2012. (Included by Law No. 12,594, of 2012)
§ 2 The deduction referred to in the caput: (Included by Law nº 12,594, of 2012)
I – is subject to the limit of 6% (six percent) of the income tax determined in the declaration referred to in item II of the caput of art. 260; (Included by Law No. 12,594, 2012)
II – does not apply to individuals who: (Included by Law No. 12,594, 2012)
a) use the simplified discount; (Included by Law No. 12,594, of 2012)
b) submit a declaration on a form; or (Included by Law No. 12,594, of 2012)
c) submit the declaration after the deadline; (Included by Law No. 12,594, of 2012)
III – only applies to donations in kind; and (Included by Law No. 12,594, of 2012)
IV – does not exclude or reduce other benefits or deductions in force. (Included by Law No. 12,594, of 2012)
§ 3 The payment of the donation must be made by the due date of the first or single tax installment, subject to specific instructions from the Brazilian Federal Revenue Service. (Included by Law No. 12,594, of 2012)
§ 4 The non-payment of the donation within the period established in § 3 implies the definitive disallowance of this deduction installment, the individual being obliged to pay the difference in tax due determined in the Annual Adjustment Statement with the legal additions provided for in the legislation. (Included by Law No. 12,594, of 2012)

• 5 The individual may deduct from the tax determined in the Annual Adjustment Declaration donations made, in the respective calendar year, to funds controlled by the municipal, district, state and national Councils for the Rights of Children and Adolescents concurrently with the option that the caput deals with, respecting the limit provided for in item II of art. 260. (Included by Law No. 12,594, of 2012)

 

Art. 260-B

The donation referred to in item I of art. 260 can be deducted: (Included by Law No. 12,594, of 2012)

I – the tax due in the quarter, for legal entities that calculate the tax on a quarterly basis; and (Included by Law No. 12,594, of 2012)
II – of the tax due monthly and in the annual adjustment, for legal entities that calculate the tax annually. (Included by Law No. 12,594, of 2012)
Sole paragraph. The donation must be made within the period to which the tax is calculated. (Included by Law No. 12,594, of 2012)

Art. 260-C

The donations referred to in art. 260 of this Law can be carried out in kind or in assets. (Included by Law No. 12,594, of 2012)
Sole paragraph. Donations made in kind must be deposited in a specific account, in a public financial institution, linked to the respective funds referred to in art. 260. (Included by Law No. 12,594, of 2012)

Art. 260-D

The bodies responsible for administering the accounts of the National, State, District and Municipal Funds for the Rights of Children and Adolescents must issue a receipt in favor of the donor, signed by a competent person and by the president of the corresponding Council, specifying: (Included by Law No. 12,594 , 2012)

I – order number; (Included by Law No. 12,594, of 2012)
II – name, National Register of Legal Entities (CNPJ) and address of the issuer; (Included by Law No. 12,594, of 2012)
III – donor’s name, CNPJ or Individual Taxpayer Registry (CPF); (Included by Law No. 12,594, of 2012)
IV – date of donation and amount actually received; and (Included by Law No. 12,594, of 2012)
V – calendar year to which the donation refers. (Included by Law No. 12,594, of 2012)
§ 1 The proof referred to in the caput of this article may be issued annually, provided that it discriminates the amounts donated month by month. (Included by Law No. 12,594, of 2012)
§ 2 In the case of donation in goods, the voucher must contain the identification of the goods, by means of a description in the appropriate field or in a list attached to the voucher, also informing whether there was an evaluation, the name, CPF or CNPJ and address of the evaluators. (Included by Law No. 12,594, of 2012)

Article 260-E

In the event of donation in goods, the donor must: (Included by Law No. 12,594, of 2012)

I – prove ownership of the goods, by means of suitable documentation; (Included by Law No. 12,594, of 2012)
II – write off the goods donated in the declaration of assets and rights, in the case of an individual, and in the bookkeeping, in the case of a legal entity; and (Included by Law No. 12,594, of 2012)
III – consider as the value of donated goods: (Included by Law No. 12,594, of 2012)
a) for individuals, the amount included in the last income tax return, provided that do not exceed market value; (Included by Law No. 12,594, of 2012)
b) for legal entities, the book value of the assets. (Included by Law No. 12,594, of 2012)
Single paragraph. The price obtained in the event of an auction will not be considered in determining the value of the donated goods, unless the auction is determined by a judicial authority. (Included by Law No. 12,594, of 2012)

Art. 260-F

The documents referred to in arts. 260-D and 260-E must be maintained by the taxpayer for a period of 5 (five) years for the purpose of proving the deduction before the Federal Revenue of Brazil. (Included by Law No. 12,594, of 2012)

 

Art. 260-G

The bodies responsible for administering the accounts of the National, State, District and Municipal Funds for the Rights of Children and Adolescents must: (Included by Law No. 12,594, of 2012)

I – maintain a specific bank account destined exclusively to manage the Fund’s resources; (Included by Law No. 12,594, of 2012)
II – keep track of donations received; and (Included by Law nº 12,594, of 2012)
III – inform annually to the Secretariat of Federal Revenue of Brazil the donations received month by month, identifying the following data by donor: (Included by Law nº 12,594, of 2012)
a) name, CNPJ or CPF; (Included by Law No. 12,594, of 2012)
b) amount donated, specifying whether the donation was in kind or in assets. (Included by Law No. 12,594, of 2012)

Art. 260-H

In case of non-compliance with the obligations provided for in art. 260-G, the Federal Revenue Service of Brazil will inform the Public Ministry of the fact. (Included by Law No. 12,594, of 2012)

 

Art. 260-I

The national, state, district and municipal Councils for the Rights of Children and Adolescents will widely disseminate to the community: (Included by Law No. 12,594, 2012)

I – the calendar of its meetings; (Included by Law No. 12,594, of 2012)
II – the priority actions for the application of policies to assist children and adolescents; (Included by Law 12,594, of 2012)
III – the requirements for the presentation of projects to be benefited with funds from the National, State, District or Municipal Funds for the Rights of Children and Adolescents; (Included by Law No. 12,594, of 2012)
IV – the list of projects approved in each calendar year and the value of the resources foreseen for implementing the actions, by project; (Included by Law No. 12,594, of 2012)
V – the total amount of funds received and the respective destination, per project served, including registration in the Childhood and Adolescence Information System database; and (Included by Law No. 12,594, of 2012)
VI – the evaluation of the results of projects benefited with funds from the National, State, District and Municipal Funds for the Rights of Children and Adolescents. (Included by Law No. 12,594, of 2012)

 

Art. 260-J

The Public Ministry will determine, in each District, the form of inspection of the application of the tax incentives referred to in art. 260 of this Law. (Included by Law No. 12,594, of 2012)

Single paragraph. Failure to comply with the provisions of arts. 260-G and 260-I will subject offenders to answer for a lawsuit filed by the Public Ministry, which may act ex officio, at the request or representation of any citizen. (Included by Law No. 12,594, of 2012)

 

Art. 260-K

The Secretariat for Human Rights of the Presidency of the Republic (SDH / PR) will forward to the Secretariat of the Federal Revenue of Brazil, until October 31 of each year, an electronic file containing the updated list of the national, district, Child and Adolescent Rights Funds state and municipal, with the indication of the respective CNPJ registration numbers and specific bank accounts held in public financial institutions, destined exclusively to manage the funds’ resources. (Included by Law No. 12,594, of 2012)

 

Art. 260-L

The Federal Revenue Service of Brazil will issue the necessary instructions for the application of the provisions of arts. 260 to 260-K. (Included by Law No. 12,594, of 2012)

 

Article 261

The lack of municipal councils for the rights of children and adolescents, the records, registrations and changes referred to in arts. 90, sole paragraph, and 91 of this Law will be made before the judicial authority of the region to which the entity belongs.
Single paragraph. The Union is authorized to pass on to the states and municipalities, and the states to the municipalities, the resources related to the programs and activities provided for in this Law, as soon as the councils for the rights of children and adolescents are created at their respective levels.

Article 262

As long as the Guardianship Councils are not installed, the powers conferred on them will be exercised by the judicial authority.

Article 263

Decree-Law no. 2,848, of December 7, 1940 (Penal Code), comes into force with the following changes:
1) Art. 121 …………….. …
§ 4 In manslaughter, the penalty is increased by one third, if the crime results from non-compliance with a technical rule of profession, art or craft, or if the agent fails to provide immediate assistance to the victim, does not seek to reduce the consequences or flees to avoid arrest in the act. If the homicide is intentional, the penalty is increased by one third if the crime is committed against a person under the age of fourteen.
2) Art. 129 …………………
§ 7º The penalty of one third is increased, if any of the hypotheses of art. 121, § 4.
§ 8º The provisions of § 5 of art. 121.
3) Art. 136 …………………..
§ 3º The penalty of one third is increased if the crime is committed against a person under the age of fourteen .
4) Art. 213 ………………….
Sole paragraph. If the victim is under the age of fourteen:
Penalty – imprisonment for four to ten years.
5) Art. 214 …………………..
Sole paragraph. If the victim is under the age of fourteen:
Penalty – imprisonment for three to nine years. »

Article 264

Art. 102 of Law No. 6,015, of December 31, 1973, the following item is added:
“Art. 102 ……………………
6th ) the loss and suspension of the fatherland power. ”

Article 265

The National Press and other printers of the Union, of the direct or indirect administration, including foundations instituted and maintained by the federal public power, will promote a popular edition of the full text of this Statute, which will be made available to schools and entities that serve and defend rights of children and adolescents.

Article 266

This Law comes into force ninety days after its publication.
Single paragraph. During the vacancy period, activities and campaigns to promote and clarify the provisions of this Law should be promoted.

Article 267

Art. 267. Laws No. 4,513, of 1964, and 6,697, of October 10, 1979 (Code of Minors) are revoked, and the other provisions to the contrary.