The Child and Adolescent Statute (ECA) is a law (Law 8.069/1990) which deals with rights of children and adolescents. This normative instrument was promulgated on July 13, 1990, during the government of Fernando Collor.
The ECA recognizes that children and adolescents are subjects of rights in a condition of development and, therefore, must be an absolute priority of the State.
This law provides children and adolescents with the rights to life, health, food, sport, leisure, professionalization, education, culture, dignity, respect and family life and community.
According to the ECA they are:
- Kids: individuals under 12 years old.
- teenagers: individuals between 12 and 18 years old.
What is ECA for?
The purpose of the bylaws is guaranteeing children and adolescents conditions for moral, physical, social and mental development., so that they can be prepared for adult life in society.
The protection of children and adolescents is responsibility of the family, society and the state. They must be deprived of any kind of discrimination, violence, neglect, cruelty and oppression. According to article 7 of the law:
Children and adolescents have the right to protection of life and health, through the implementation of policies public social services that allow the birth and healthy and harmonious development, in conditions worthy of existence.
The Child and Adolescent Statute enforces the provisions of article 227 of the 1988 Constitution and follows the guidelines of the United Nations Convention on the Rights of the Child.
The statute consists of two books. Book I refers to the general part, which goes from article 1 to article 85 and deals with fundamental rights and the prevention of violations of rights.
Book II refers to the specific part and deals with service policies, protection measures, practices of acts infractions, measures relevant to parents or guardians, guardianship advice, access to justice and crimes and infractions administrative.
tutelary advice
The tutelary councils are the bodies responsible for ensure compliance with the rights of children and adolescents established in the ECA.
The councils have the obligation to assist children and adolescents and their parents or guardians and inform them about their rights and duties.
All municipalities must have at least one tutelary council, which is composed of members elected by the community, respecting the legal provisions for election and inauguration.
Whenever there is suspicion or confirmation of cases such as abuse, exploitation, violence or negligence, it is possible to carry out a complaint (anonymous or not) in the city's guardianship council.
ECA Infraction Acts
Article 103 of the ECA determines that any conduct that was considered crime or misdemeanor by an adult, it's a infraction if committed by a child or adolescent.
For cases of infractions, the ECA establishes the adoption of protective measures and educational measures, with socio-educational measures only applicable to adolescents.
This means that if a child commits an infraction, he is only entitled to protective measures. See what are the protective measures and the socio-educational measures:
protective measures
- Referral to parents or guardians;
- Enrollment and attendance at school;
- Participation in family assistance programs;
- Medical, psychological, psychiatric and toxicological treatment;
- Placement in a foster family.
know more about protective measures.
Socio-educational measures without deprivation of liberty
- Warning: oral warning;
- Obligation to repair the damage: measure that repairs the damage or compensates for the damage to the victim;
- Provision of services to the community: with a maximum duration of 6 months;
- Assisted liberty: judge determines an advisor, who will monitor the offender's community, school and family life.
Socio-educational measures with deprivation of liberty
- Semi-freedom: adolescents can work and study during the day, but must return to the specialized entity at night;
- Indefinite internment: applied on an exceptional basis in more serious cases. Adolescents are totally deprived of freedom.
Prohibition of child labor
ECA prohibits any form of work until 13 years of age. From the age of 14, work in the form of apprentice and from 16 years of age, contracting with a formal contract is allowed.
In the apprenticeship mode, the adolescent must work in reduced hours, must be enrolled in a technical course and cannot carry out activities that hinder its development or that interfere with the studies.
Between 16 and 18 years of age, adolescents can enter the labor market with a formal contract, but in the form of protected teen work. That is, with the prohibition of night work, unhealthy and dangerous.
Adolescents are also not allowed to perform activities on the TIP list of Decree 6.481/2008, which establishes the worst forms of child labor.
See also the 10 principles of children's rights.