Advanced Search

Decree No. 6231, October 11 2007

Original Language Title: Decreto nº 6.231, de 11 de Outubro de 2007

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

DECREE NO. 6,231, OF October 11, 2007.

Institutes the Child and Adolescents Protection Program Threatened with Death-PPCAAM.

THE PRESIDENT OF THE REPUBLIC, in the use of the assignment that confers it on art. 84, inciso VI, point (? a?, of the Constitution,

DECRETA:

Art. 1st It is instituted the Child and Adolescents Threat Protection Program-PPCAAM, in the form of this Decree.

Art. 2nd The PPCAAM will be coordinated by the Special Office of the Human Rights of the Presidency of the Republic.

Art. 3rd The PPCAAM is for the purpose of protecting, in compliance with the Act No. 8,069, of July 13, 1990, children and adolescents exposed to severe threat in the national territory.

§ First The actions of PPCAAM can be extended to young people up to twenty one years, if egressed from the socio-educational system.

§ 2nd protection can be extended to parents or persons responsible, to spouse or companion, ascenders, descendants, dependent, collateral and those who have, demonstrably, habitual coexistence with the threatened, in order to preserve family coexistence.

Art. 4th The Union will be able to celebrate congeniums with the states, Federal District, municipalities and nongovernmental entities for the implementation of PPCAAM, according to the rules to be established in the act of the Special Secretary for Human Rights.

Art. 5th For the implementation of the PPCAAM, the convening State will constitute board of representatives integrated by government representatives and civil society, composed of at most thirteen councillors.

§ First Powers compose the board manager representatives of the Public Defensoria, the Defense Centers of Rights of the Child and the Adolescent, the State Councils of the Rights of the Child and the Adolescent, Tutelary Councils and the rights promotion and advocacy entities of the child and adolescent.

§ 2nd Powers to be invited to attend the meetings of the board manager representatives of the Public Prosecutor's Office and the Judicial Power.

§ 3rd Each representative, holder and deputy, shall be appointed by his / her respective body or institution and designated by the Governor of the State or authority by it indicated.

§ 4th The Managers ' Councils will draw up their internal regiment and elect their president.

Art. 6th are attributions of the board manager:

I-follow up, evaluate and ensure the quality of the PPCAAM execution;

II-guarantee the continuity of PPCAAM;

III-propose actions of care and social inclusion to those protected, through cooperation with institutions public and private persons responsible for the warranty of the rights provided for in the Act no 8,069, 1990; and

IV-guarantee the secrecy of the data and information about the protected ones.

Art. 7th The PPCAAM comprises the following actions, applicable isolated or cumulatively, for the benefit of the protégé:

I-transfer of residence or accommodation in an environment compatible with the protection;

II-insertion of the protected ones in social programs targeting full protection;

III-support and social, legal, psychological, pedagogical, and financial assistance; and

IV-support for the protected, when necessary, for the fulfilment of civil and administrative obligations that require its turnout.

§ First in the case of adolescents who are complying with socio-educational measure applied on the basis of the Act No 8,069, 1990, appropriate measures may be requested for the appropriate judge for their full protection, including their transfer to compliance with the measure in another place.

§ 2nd The protection granted by PPCAAM and the actions of it arising will be proportional to the severity of the threat and the difficulty in preventing them or repress them by other means.

Art. 8th Powerful request the inclusion of threatened in PPCAAM:

I-the Tutelar Council;

II-the Public Prosecutor's Office; and

III-the competent judicial authority.

Paragraph single. All solicitations for inclusion in PPCAAM should be accompanied by qualification of the threatened and the threat, and communicated to the Gestor Council.

Art. 9th The Special Office of Human Rights, when identifying cases of threat in a state that does not have the implanted PPCAAM, or whose deployment does not guarantee the right to life of child or adolescent, will determine the transfer of them to another state that provides such a guarantee.

Art. 10. The inclusion in PPCAAM depends on the voluntariness of the threatened, the annuence of its legal representative and, in the absence or impossibility of that annuence, of the competent judicial authority.

§ 1st Havendo the incompatibility of interests between the threatened and their parents or legal officers, the inclusion in the PPCAAM will be defined by the competent judicial authority.

§ 2nd The ticket in the PPCAAM of the threatened unaccompanied by their parents or legal perpetrators will give it upon judicial authorization, expedited of trade or the application of the organs and authorities indicated in the art. 8th, who will assign the officer responsible for the provisional guard.

Art. 11. The inclusion in PPCAAM will consider:

I-the urgency and severity of the threat;

II-the vulnerability situation of the threatened;

III-the interest of the endangered;

IV-other forms of more suitable intervention; and

V-the preservation and strengthening of the familial bond.

Paragraph single. The ticket on PPCAAM will not be able to be conditional on collaboration in judicial process or police inquiry.

Art. 12. The protection offered by PPCAAM will have the maximum duration of one year, and may be extended, in exceptional circumstances, if they endure the grounds that authored their deferral.

Art. 13. After admission to PPCAAM, the protected ones and their family members will be required to comply with the rules prescribed therein, under penalty of shutdown.

Paragraph single. The actions and arrangements related to PPCAAM should be kept in confidence by the protected ones, under penalty of shutdown.

Art. 14. The shutdown of the protégé may occur, at any time:

I-by request of the protected;

II-by decision of the PPCAAM manager board in consequence of:

a) cessation of the grounds that have enlisted the protection;

b) consolidation of the secure social insertion of the protégé;

c) defulfillment of the rules of protection; and

III-by court order.

Paragraph single. The shutdown of the protégé should be communicated to the notifying institutions of the ticket.

Art. 15. It will be up to the Special Secretary for Human Rights to discipline the execution of the arrangements to which the art is concerned. 4th and the procedures required for the implementation of PPCAAM, observed the applicable legal devices.

Art. 16. This Decree comes into effect on the date of its publication.

Brasilia, October 11, 2007; 186th of the Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Dilma Rousseff

This text does not replace the one published in the DOU of 10/15/2007.