Submitted by jhortolani on
This report is part of CRIN's access to justice for children project, looking at the status of the Convention on the Rights of the Child (CRC) in national law, the status of children involved in legal proceedings, the legal means to challenge violations of children’s rights and the practical considerations involved in challenging violations.
Brazil has ratified and incorporated the CRC into its national laws. The Convention takes precedence over national law, but not over the Constitution, and can be directly enforced in domestic courts. Children are generally required to be represented by their parents or guardians in court, but the Public Prosecutor and Guardianship Council have the duty to ensure children’s best interest in court proceedings. Collective action is possible for the protection of children’s rights, and can be presented by public officials and NGOs alike without naming a specific victim. Access to the court and legal representation is guaranteed free of charge to all children at all court levels and the statute of limitations for sexual abuses committed against children only begins to run when the victim reaches adulthood. The implementation of the rights of the child varies greatly by region, and reaching the higher - and often more progressive - courts can take time.
