“If we educate children we won't need to punish men”.
(Abraham Lincoln, criminal lawyer, former president of the United States).
Me, João Cândido da Silva Neto, citizen residing in Bueno Brandão, 54 years old, father and grandfather, widowed for more than eight years, I keep asking myself: “When will Bueno Brandão begin to effectively take care of childhood and youth?".
Article 4 of the Statute of the Child and Adolescent (ECA) says: “It is the duty of the family, the community, society in general and the public authorities to ensure, WITH ABSOLUTE PRIORITY, the realization of rights related to life, health, food, education, sport, leisure, professionalization, culture, dignity, respect, freedom and family life and community”.
This is not exactly what can be seen in Bueno Brandão.
State law No. 10501 of 10/17/1991 in its article 3 says: “In the execution of the state policy on the rights of children and adolescents, the principles of decentralization, deconcentration and MUNICIPALIZATION of actions and those of integration and mutual cooperation of governmental and non- governmental organizations”.
Aiming at the municipalization of actions and safeguarding the constitutional principle of the autonomy of municipalities, the following were created:
1) The National Council for the Rights of Children and Adolescents - CONANDA - (law 8242 of 10/12/91), organ permanent with political autonomy to make decisions aimed at the realization of the rights of children and adolescents in the country;
2) The State Council for the Rights of Children and Adolescents, through law 10501/91, which determines:
Article 4 - “The policy for meeting the rights of children and adolescents shall be guaranteed by the State Council for the Rights of Children and Adolescents, by the Councils Municipal Children and Adolescents' Rights, by the State Fund for Children and Adolescents, by the Municipal Funds for Children and Adolescents and by the Councils Guardianships”.
Article 5 - “The execution of actions to meet the rights of children and adolescents will be the responsibility of governmental and non-governmental bodies and entities”.
The transfer of financial resources from the Union to implement actions aimed at serving children and adolescents was defined in article 261 of the Statute of Children and Adolescents, which says: "The Union is authorized to transfer to the states, and the states to the municipalities, the resources related to the programs and activities provided for in this law, as soon as the Child and Adolescent Rights Councils are created in their respective levels”.
By virtue of this provision, the State Fund for Childhood and Adolescence was created (Law nº 11397 of 06/01/1994), regulated by Decree nº 36400 of 11/23/94 which reads:
Article 1 - "The Fund for Childhood and Adolescence - FIA constitutes the financial instrument for support and implementation of programs, projects and activities aimed at serving children and adolescents in the State of Minas Gerais".
Article 2 - “The following may be beneficiaries of the Fund:
I – state and municipal public entities and bodies, including MUNICIPAL COUNCILS, responsible for carrying out child and adolescent care programs;
II - legally constituted non-governmental entities, not for profit, with evidence of public utility, aimed at child and adolescent care and with an area of expertise in the State".
CEDCA – State Council for the Rights of Children and Adolescents through its Resolution nº 03 of 12/18/2003 defined:
Article 2 - The rules for fundraising, application of resources, presentation, analysis and approval of projects and signing of agreements with resources from the Fund for Children and Adolescents have as specific objectives promote:
I - Special protection policies for children and adolescents, characterized by the development of programs under the following regimes:
- socio-family guidance and support;
- socio-educational support in an open environment;
- family placement;
- shelter;
- provision of services to the community;
- assisted freedom;
- practices of comprehensive care, in biopsychosocial aspects, to children and adolescents, with an emphasis on prevention.
IV – training and referral of adolescents to the labor market:
VIII – carrying out study and research projects aimed at preparing diagnoses and developing technologies for new models of care for children and adolescents;
IX – training for operators of the system for guaranteeing the rights of children and adolescents, including educators and social managers;
X - development of projects and programs with an emphasis on the role of children and youth.
From the short exposure it can be deduced that we have good laws designed to make available a whole range of protective measures to benefit children and adolescents. But good intentions alone are not enough, it is necessary that society act objectively and that our leaders fulfill their obligations with the willingness and determination that our socio-economic reality requires.
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Recently, the Executive Branch cut 64% of the monthly budget transferred to APAE and Casa da Criança. And the Municipal Council for the Rights of Children and Adolescents as well as the Guardianship Council ignored their attributions, as the Municipal Council remained aloof from the provisions of items II, III and IV of article 88 of the Statute of the Child and Adolescent, since it was supposed to act as a “deliberative body for the policy to promote the rights of children and adolescents, controlling the actions, in all levels, of the implementation of this same policy and responsible for setting criteria for the use and application plans of the Fund for the Rights of Children and Adolescents” (Definition of the CONANDA). Also because, consulting the website of the Secretary of State for Social Development and Sports (www.sedese.mg.gov.br) it appears that Bueno Brandão is not included in the list of municipalities that created the Municipal Fund for Childhood and Adolescence, therefore cannot receive financial resources transferred by the State Fund (paragraph 1 of article 20 of Resolution 105/2005 of Conanda), since the resources are only transferred from fund to fund (article 2 of Resolution 06/2004 of the CEDCA).
According to article 131 of the Statute of the Child and Adolescent “the Guardianship Council is a permanent and autonomous body, not jurisdictional, in charge of society to ensure compliance with the rights of children and adolescents, defined in this law", and must also "advise the local Executive Branch in preparation of the budget proposal for plans and programs to attend to the rights of children and adolescents", as determined by item IX of the article 136 of the ECA. And it is up to the Public Prosecutor's Office to comply with the provisions of paragraph 2 of article 20 of the aforementioned Resolution 105/2005 of Conanda.
While the Brazilian nation seeks to improve the laws and society as a whole struggles for the perfect adaptation to the guiding principles established in the Child and Adolescent Statute Our Bueno Brandão remains asleep in a lethargic sleep, allowing children and young people to grow up without support and encouragement in the the arduous task of preparing for life, facing all the difficulties of daily life, which would be alleviated if there were a minimum of effort correctly directed towards it. objective. It is worth remembering that Municipal Law No. 1030 of 12/23/1991 created the Municipal Fund for the Rights of Children and Adolescents in Bueno Brandão (which provided for the transfer of 0.25% of the collection municipal), but until February 1994 the City Hall had not even made a transfer, as stated in the Minutes of the Meeting of the Guardianship Council (created by Law No. 1036 of 24/04/1992) of that time course.
What happened from then on? At Sedese there is no record of the Fund, therefore, it can be deduced that the neglect of children and adolescents has been perpetuated in our city. The record of the Musical Band “LIRA SANTA CECILIA” of Bueno Brandão, which has not been in operation for over ten years, although the current administration has sent that Secretariat a request for instruments musical instruments for its reactivation (which is under study, according to information obtained from the Superintendency for the Interiorization of Culture).
Well said Seneca, the great Roman philosopher: "No wind blows in favor of those who do not know where they want to go."
BUENO BRANDÃO, WAKE UP!!!
By João Cândido da Silva Neto
Columnist Brazil School
[email protected]
