On December 16th, the National Council of Justice (CNJ) launched the Guide for the Implementation of the Resolution 369/2021 of the CNJ within the Socio-Educational System. The publication guides Judges and technical teams to assist adolescents who are pregnant, breastfeeding and mothers, as well as parents or caregivers of children and people with disabilities, in favor of decisions in line with case law and regulations in force, including the Statute of the Child and Adolescent (ECA).
The Resolution No. 369/2021 of the CNJ was approved by the plenary of the CNJ to strengthen the implementation of decision of the Federal Supreme Court (STF) of 2018 in the collective HABEAS CORPUS 143.641. On that occasion, the STF ordered the replacement of the pre-trial detention with house arrest in the case of mothers and caregivers, extending the same rights to pregnant adolescents or those responsible for them in the socio-educational system.
In 2021, the decision, in the collective HABEAS CORPUS 165.704, extended the right to parents responsible for the care of children up to 12 years old or people with disabilities. The Resolution 233/2022 of Conanda complements the guidelines of the Resolution 369/2021 of the CNJ by reinforcing the protection of the rights of adolescents under socio-educational measures.
About the guide
Divided into six chapters, the material ranges from a contextualization of the laws and regulations applicable in the context of the detention of adolescents who are mothers, fathers or caregivers to the procedures to be followed by the justice system in these cases.
Among the practical contributions, the guide explains how Judges should identify and record information about pregnant adolescents, mothers or caregivers during the initial consultation and at the presentation hearings. The publication advises that the specific conditions of each adolescent should be assessed at these times in order to support decisions, such as replacing deprivation of liberty with open-ended measures, when possible.
For the coordinator of the Department for Monitoring and Inspection of the Prison System and the System for the Execution of Socio-Educational Measures (DMF), Luís Lanfredi, the document reinforces the commitment of the CNJ to guarantee the implementation of decisions of the Supreme Court. “This guide is an opportunity to improve the view of the Judiciary of adolescents in vulnerable contexts, combining technical rigor and sensitivity in guaranteeing rights.”
Edinaldo Santos Junior, an assistant Judge in the Presidency of the CNJ who works at the DMF, emphasizes the importance of this approach: “The Judiciary has a responsibility not only to ensure that the measure is complied with, but also to guarantee the conditions for adolescents to exercise their right to family life, breaking cycles of exclusion and abandonment.”
Systematic monitoring
Another point highlighted in the material is the use of computerized systems to record and monitor information on pregnant adolescents, mothers or fathers. This data is essential for monitoring the application of socio-educational measures and for guiding public policies that respond to the needs of this public.
The publication of the Guide, as well as the qualification and promotion of the policy, are part of the actions of the Making Justice program, coordinated by the CNJ in partnership with the United Nations Development Program (UNDP) for transformations in the criminal and socio-educational fields.
“Ensuring accurate and up-to-date information on the situation of adolescents is fundamental if judicial decisions are to reflect the reality of their living conditions. A detailed record is the first step towards ensuring their rights,” explains Fernanda Givisiez, coordinator of the Socio-Educational field of the Making Justice program.
