The Statute of the Child and Adolescent

by yudaica2013 ·

The Statute of the Child and Adolescent (ECA), promulgated in 1990, brings obtains a series of concernentes rights to the child and the adolescent, guaranteeing in law the provision of the basic necessities of these in a perspective extended since its birth (education, culture, leisure, feeding, amongst others). Valley to point out that in this debate it is essential to rescue some item that the Codes of Minors of 1927 and 1979 bring, thus to understand as the paper of the State next to the current public-target of the ECA and the conception of the problematic form of confrontation to its, if of form was orquestrado personalized or generalizante, if observing eventual the determinative ones or criminalizando infracionais acts. Leaving of the affirmation written for Carlos Drummond de Andrade, ‘ ‘ … The laws are not enough. The irises are not born of the Leis’ ‘ , one searched to present articles contained in the ECA that turns on the measures of protection and to collate them with what it is seen in the present time. Theoretical Referencial to leave of article 98 of the Law n 8,096/90 of the ECA is established measured of protection the child and to the adolescents, when these will have recognized rights in the Law threatened or violated. Of agreements with Simes (2009), the threat or breaking can elapse of the action or omission of the society or the State, for lack, omission or abuse of the parents or responsible, or still in reason of the proper behavior of the children or adolescents. Article 98 is considered the heart of the Statute, therefore of the ample protection to the children and adolescents and breaches with the irregular situation and applies the integral protection. Thus, the shunting line of the norm, whenever to occur one of the three elencadas situations, authorizes to the Advice To tutor, through the solicitation, to the Public prosecution service, through the representation in judgment, and to the judiciary authority, in based decision, to search the ends social the one that the Statute if destines.


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