O conselho tutelar da 2ª região de Santa Rita/PB frente à requisição de serviços públicos e o encaminhamento de demandas nos moldes do art. 136, III, IV e V do Estatuto da Criança e do Adolescente

Abstract

The present research had as main objective to identify and analyze the attendance of of requests requested by the Tutelary Council of the 2nd Region of Santa Rita / PB, regarding public services and referrals to the Public Prosecutor's Office or to the Judicial Power, necessary for the direct execution of the child and adolescent in the municipality. It should be emphasized that the Statute of the Child and Adolescent in its art. 136, item III determines that in order to promote the execution of its decisions, the Guardianship Council has the power to request public services in several areas, and if its request is unjustifiably failed, the body may file a lawsuit with the Judiciary. The same art. 136 of the Children and Teenager Statute also guarantees that the Guardianship Council will send Public Ministry factual information that constitutes an administrative or penal infraction against the rights of the child or adolescent (item IV), as well as to bring to the judicial authority cases that are within its competence (item V). About the methodological procedures, was exploratory-descriptive and a qualitative approach, based essentially on the analysis of concrete cases. Thereby, it is understood that the cases reported in this research show that not always, these legal determinations have been fulfilled in the way that they should have, failing the Judicial Power, time the Public Ministry and sometimes also the Guardianship Council itself, in order to cause irreparable damages rights of children and adolescents.