Federal Supreme Court rejects action to Ease Child and Adolescent Statute

This action would allow for the involuntary arrest of homeless minors

Foto: STF/divulgação

On Thursday 8 August, the STF (Federal Supreme Court) unanimously rejected an action to allow the involuntary arrest of homeless minors and for the detention of children under 12 years old in correction centres. Currently correctional measures only apply to adolescents between 12 and 18 years of age. Children under 12 are sent to the Tutelary Council.

ADI (Direct Action of Unconstitutionality) 3446, issued in 2005, questioned the constitutionality of articles 16, items I and 230 of the Child and Adolescent Statute.

Lawyer, Guilherme Amorim, who represented Conectas, Fundação Abrinq pelos Direitos da Criança and Instituto Pro Bono at the STF trial STF, sees the action to ease the Statute as having the aim of criminalising homeless children and adolescents.

“The possibility of arresting children and adolescents would represent not only a restriction of freedom beyond legal reasoning, but also the criminalisation of poverty in contravention of the Federal Constitution, particularly article 5º.” Amorim stressed in his oral statement.

In partnership with Amar (Associação de Mães e Amigos de Crianças e Adolescentes em Risco), Fundação Abrinq pelo Direito das Crianças, Instituto ProBono, Centro de Direitos Humanos and Fundação Projeto Travessia, Conectas is amicus curiae at the trial, presenting technical and legal arguments against the action.