Marilia Golfiri: Lack of integral protection of children

Bill 634/2022, recently approved by the Senate (12/4) and addressed by the public media, draws attention to the news, treating it as an “innovation” that was already positive in the law. The approved plan suggests some changes, primarily the Parental Separation Act, although the current law has almost completely retained what it already has. Thus, it is clear that the aforementioned legal innovations will not change much in today’s scenario unless we change the judicial policy of allocating budgets to improve family courts and court structures. The ECA (Article 4, only §, Articles ‘c’ and ‘d’) and the Federal Constitution (Article 227) add appropriately to the absolute priority of universal resources and special privileged destination for the protection of children and adolescents.

Now the text that has been followed for the President’s approval guarantees Absolute priority in case processing Which discusses the practice of parental separation, which was already in the current text of applicable law (Act No. 12.318 / 10, Article 4). In addition, the ECA itself guarantees, in its Article 152, absolute priority in the processing of procedures and procedures provided by law, and this priority is observed, therefore, when there is a suspicion of violence against children and adolescents, even if only in moral and psychological order. .

Another so-called innovation introduced by the aforementioned bill refers to helpful inspections during a process that discusses the practice of parental separation. Enforcement laws have already provided that, in the event of an imminent risk of loss of physical and mental integrity, visits for the protection and safety of children may be suspended or even granted in the form of assistance in maintaining the bond.

Now that the proposed text confirms that such supportive visits may take place in the forum or in places agreed with the judiciary, it is important to emphasize that the venues are not currently ready for this, requiring reform to make them suitable for meetings so that there is greater family reception.

For the proposed changes to analyze any request for a ban and to conduct an interview with children and adolescents for a technical assessment by a specialist, it is important to keep in mind that the reality of those working in family court takes several months to complete. It takes.

In addition to judicial delays, investigations that call for criminal development are a painful path for many families who find themselves recovering year after year, with repeated and repetitive hearings, lack of momentum at the end of investigations, requests for extension. The time required by the police authorities and without any basis is granted by the judicial authorities, which also happens due to the lack of structure in the police station. Lack of structure, therefore, is a constant in government services available to protect children and adolescents from risk and acute vulnerability.

The Parental Separation Act already provides for the possibility of hiring a qualified specialist to perform these skills, as well as a 90-day period for the submission of a report. However, due to the lack of adequate structure in the forum specifically, this deadline is not met. Better balancing of the judiciary requires extra care and a functional change in the policy of the judiciary so that the proposed change is not a dead letter, due to the fact that there is no professional available for the expert, short-term predictions for efficiency can be flawed. Do it.

Regarding the prohibition of “innovation” in custody and its exemption in shared methods when investigating crimes of domestic violence or crimes against children and adolescents, the reality is that this possibility is also possible under currently applicable legislation. It should be noted that Article 1,583 of the Civil Code establishes shared custody as a rule, provided that parents are able to enforce it and the judge, when serious causes are found, such as incidents of violence, can control otherwise. By way of “legal rule”, decree in unilateral custody on behalf of one parent or even a third party, especially considering those who have kinship or friendship with the child.

In other words, in cases where there is domestic violence or crimes against children and adolescents in general, it is possible to give unilateral custody to one or the other of the parents.

Therefore, they are not significant advances in legal innovation or in the protection of children and adolescents, as currently enacted legislation has been able to apply in the form proposed in a bill recently approved by the Federal Senate. Government facilities require greater expertise, such as increasing the number of staff in police stations and forums, better training of staff, greater oversight of parent council activities, and other organizations in the basic protection network to provide quick social assistance to children and adolescents, as well as vulnerable children and adolescents. Adequate framework for, so that we can better enforce effective laws. Only in this way will we be able to achieve the absolute priority given to the protection of children and adolescents enshrined in our Constitution.


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