Key Benefits:
ArtAculo 1Aº. (Application Scope).-The Code of the NiA ± ez and the Adolescence is applicable to all human beings under eighteen years of age.
For the purposes of the application of this CACODE, it is understood by niA ± or all human being up to thirteen years of age and by adolescent to the greater than thirteen and under eighteen years of age.
Whenever this CAUSE refers to children and adolescents, it comprises both of them.
ArtAculo 2Aº. (Rights, duties, and garantAas).-All children and adolescents are rightholders, duties and guarantees inherent in their quality of human persons.
ArtAculo 3Aº. (Principle of protection of rights).-All children and adolescents are entitled to the special measures of protection that their condition of the subject in development requires from their family, from the society and the State.
ArtAculo 4Aº. (Interpreting).-For the interpretation of this Code, the general provisions and principles that inform the , the ArtAculo 5Aº. (Integration).-In case of legal vacancy or insufficiency, the general criteria of integration should be used and, in particular, the rules of each subject.
ArtAculo 6Aº. (Specific criteria for interpretation and integration: the upper case of the child and adolescent).-For the interpretation and integration of this CACODE, the higher interns should be taken into account. of the child and adolescent, which consists in the recognition and respect of the rights inherent in their quality of human person. Consequently, this principle cannot be invoked to undermine such rights.
7Aº. (Concurrency for the effectiveness and protection of the rights of children and adolescents).-
| 1) | The effectiveness and protection of the rights of children and adolescents is the priority of parents or guardians-in their case-without prejudice to the co-responsibility of the family, community and state. |
| 2) | The State should act on the orientation and fixing tasks of the general policies applicable to the different areas. linked to the children and adolescents and the family, coordinating the public and private activities that are being carried out in such areas. |
| 3) | In cases of failure, defect or inability of the parents and the obligation, the State must act precept, developing all integrative, complementary or supplementary activities that are necessary to ensure the proper enjoyment and exercise of the rights of children and adolescents. |
ArtAculo 8Aº. (General Principle).-All children and adolescents enjoy the rights inherent in the human person. Such rights will be exercised according to the evolution of their faculties, and in the form established by the , international instruments, this code and the special laws. In any case you have the right to be heard and get answers when making decisions that affect your life.
They may go to the Courts and exercise the procedural acts in defense of their rights, with legal assistance being required. The Judge before whom he comes has the duty to appoint a curator, where appropriate, to represent him and to assist in his claims.
The Judges, under their most serious responsibility, should take the necessary measures to ensure compliance with the provisions of the above, and the actions implemented in a manner contrary to the present conditions must be declared null and void. willing.
ArtAculo 9Aº. (Essential rights).-Every child and adolescent has an intra-Dry right to life, dignity, freedom, identity, integrity, image, health, education, recreation, rest, culture, participation, association, to the benefits of social security and to be treated on equal terms to any sex, religion, ethnicity or social condition.
ArtAculo 10. (Nià ± o and adolescent with different capacity).-All children and adolescents, with different capacity psAquica, physical or sensory, have the right to live in conditions that ensure their participation. social through effective access especially to education, culture and work.
This right will be protected regardless of the age of the person.
ArtAculo 11. (Right to the privacy of life).-Every child and teenager has the right to respect the privacy of his or her life. You have the right not to use your image in lesiva form, nor to publish any information that harms you and can give rise to the individualization of your person.
ArtAculo 12. (Right to the enjoyment of your parents and family).-Family life is the right place for the best achievement of comprehensive protection.
All children and adolescents have the right to live and grow together with their family and not be separated from it for economic reasons.
You can be separated from your family when, in your higher interest and in the course of due process, the authorities determine another replacement personal relationship.
In cases where special circumstances arise that determine the separation of the family name, the right to maintain affective ties and direct contact with one or both parents shall be respected, except if it is contrary to their interest. higher.
If the child or adolescent lacks a family, they have the right to grow in another family or parenting group, which will be selected based on their well-being.
The default of this alternative will be considered to be a public or private establishment. It shall be ensured that their stay in the same is temporary.
ArtAculo 13. (Armed conflicts).-The children and adolescents cannot be part of the hostilities in armed conflict or receive preparation for it.
ArtAculo 14. (General Principle).-The State shall protect the rights of all children and adolescents subject to their jurisdiction, regardless of their national, national or social origin, sex, language, religion, the opinion polAttica or other Andole, the economic position, the physical or physical impediments, the birth or any other condition of the child or their legal representatives.
The state will be the most important to guarantee the recognition of the principle that both parents or their legal representatives, whose fundamental concern will be the higher interest of the child, have common obligations and rights in what is concerned with their upbringing and development.
The State will ensure the application of any rule that will be effective for those rights.
ArtAculo 15. (Special protection).-The State has the obligation to protect children and adolescents in particular with respect to all forms of:
| A) | Abandonment, sexual abuse, or exploitation of the prostitute. |
| B) | discriminatory treatment, harassment, segregation, or exclusive in the places of study, recreation or work. |
| C) | Economic explation or any type of harmful work for your health, education, or for your physical, spiritual or moral. |
| D) | Cruel, inhuman, or degrading treatment. |
| E) | Stuming tobacco, alcohol, inhalants, and drugs. |
| F) | Situations that put your life at risk or incite violence, such as gun use and trade. |
| G) | Situations that endanger your security, such as illegal detentions and removals. |
| H) | Situations that endanger your identity, such as illegal adoptions and sales. |
| I) | Incompliance with parents or responsible for feeding them, caring for their health, and ensuring their education. |
ArtAculo 16. (From parent or responsible duties).-They are parental or responsible duties for children and adolescents:
| A) | Respect and take into account the child's and adolescent's right-hand-cter. |
| B) | Feed, take care of your health, your clothing, and ensure your education. |
| C) | Respect the right to be oAdo and consider your opinion. |
| D) | Collaborating for your rights to be effectively enjoyed. |
| E) | Providing guidance and direction for the exercise of your rights. |
| F) | Correct your children or tutored appropriately. |
| G) | Request or allow special social services intervention when a conflict occurs that cannot be resolved in the interior of the family and that puts the validity of the rights of the child and the teenager at serious risk. |
| H) | Vellar for regular attendance at study centers and participate in the educational process. |
| I) | Any other duty inherent in its quality of such. |
ArtAculo 17. (From the duties of children and adolescents).-All children and adolescents have a duty to maintain an attitude of respect in the life of family, educational and social relationships, and to use their energy and intellectual energy in the acquisition of knowledge and development of skills and abilities.
Especially Should:
| A) | Respect and obey your parents or guardians, provided that your rights do not injure your rights or contravene laws. |
| B) | Taking care, to the best of your ability, to your ancestors in your illness and old age. |
| C) | Respect the rights, ideas, and beliefs of others. |
| D) | Respect the Jurassic Order. |
| E) | Preserve the environment. |
| F) | To provide, to the extent of your capabilities, your social service or community assistance, when circumstances require. |
| G) | Caring for and respecting your life and health. |
ArtAculo 18. (Objectives)-They are fundamental goals:
| A) | Social promotion. We should ensure the promotion of the integral development of all the potential of the child and of the adolescent as a person in condition of being in development, in order to seek their social integration in active form and responsible as a citizen. Care should be taken especially in equity, preventing inequalities from being generated by discriminatory concepts because of sex, ethnicity, religion or social conditions. |
| B) | Comprehensive protection and attention. You should ensure a comprehensive protection of the rights and duties of children and adolescents, as well as ensuring a special attention by the State and society in the face of the need to offer personalized attention in certain areas. situations. |
ArtAculo 19. (Family life and in society).-They are basic principles:
| A) | Strengthening the integration and permanence of children and adolescents in the primary social partners: the family and educational institutions. |
| B) | Territorial decentralization that ensures access for children, adolescents, and families across the range of services Sics. |
| C) | The participation of civil society and the promotion of social solidarity towards children and adolescents. |
ArtAculo 20. (Social policy law).-The rules governing the effective validity of the rights of children and adolescents in the areas of survival and development will require the implementation of a system of basic social policies, complementary, of special protection, of integral character, that respond to the diversity of realities and understand the coordination between the State and the civil society.
ArtAculo 21. (Rector Criterion).-It is a guiding criterion to ensure the harmonious development of children and adolescents, primarily corresponding to the family and health systems and education of their follow up to The majority of age, according to the principle of concurrency that emerges from the article 7Aº of this code.
ArtAculo 22. (LAneas de acción).-The attention to the child and adolescence will be oriented primarily to:
| A) | The application of basic social polAtics, which make effective the rights enshrined in the , for all children and adolescents. |
| B) | The creation of comprehensive attention programs, for those who need it, for temporary or permanent lack: adolescents with different capacity, situation of helplessness or marginality. |
| C) | The implementation of appropriate measures for children to be entitled to benefit from the services of saves, especially in the case of parents working. |
| D) | The adoption of comprehensive programs and special services of prevention and medical and psychosocial attention to the neglect, abuse, violence or labor or sexual exploitation. |
| E) | The application of garantAas programs for the legal-social protection of children and adolescents in conflict with the law, and education for social integration. |
| F) | The adoption of programs for the promotion of children and adolescents in sports, cultural and recreational areas, between other. |
| G) | The creation of child and adolescent development indicator systems, respecting the right to privacy and the professional secrecy. |
ArtAculo 23. (Right to parentage).-All children and adolescents have the right to know what their parents are.
ArtAculo 24. (Right to protection).-All children and adolescents are entitled, up to the age of age, to receive from their parents and responsible the protection and care necessary for their proper integral development and it is the duty of them to provide them.
ArtAculo 25. (Right to Identity).-Without prejudice to the rules of the Civil State Registry, the newborn should be identified through the plantar and digital prints accompanied by digital printing. of the mother.
All public and private maternities should keep a record in order to comply with the provisions of the previous paragraph, at the time of delivery. You will be given a copy to the mother and sent back to the Civil State Register.
The medical doctors or parents who attend births outside of the maternity leave must register in the same way and, in the event of impossibility, write it in the ClAnica story.
In this last case and out of the horse-races previously, the digital and plantar impressions of the newborn will be taken at the time of the registration in the Civil State Registry.
ArtAculo 26. (Right to family name and last name). All children are entitled, from birth, to be registered with first and last names.
ArtAculo 27. (From name).-
| 1) | The child within the marriage will take the first last name of his father's and his mother's second name. |
| 2) | The child out of the marriage enrolled by both parents, will take the first last name of his or her father and as second the your mother. |
| 3) | The child out of the marriage enrolled by his or her father will take the first last name of that of the woman and as the second of the woman who emerges accredited as their mother. |
| 4) | The child outside the marriage registered by his mother will take the two last names. If the mother does not have a second last name, the child shall be taken as first by her biological mother followed by one of use. |
| 5) | The child outside of the marriage that is not registered by his or her father, will also take second place on the surname of your mother, if you are known and first of all one of use. |
| 6) | The child out of the marriage whose parents are not known, registered as a trade, will have two surnames of use selected by the official from the Registry of the intervener Civil State. |
| 7) | The last names of use will be replaced by that of the parent who recognizes their child or is declared such by judgment, the will of the recognized person who has completed the thirteen years of age must be sought for such purposes (article 32). |
| 8) | The child out of the marriage enrolled by a family member of the child, will take two surnames, as first last name one of use common, selected by the familiar intervener and second to the known mother. |
| 9) | In cases of adoptive legitimization, the child will take the first last name of the child's father and the second of his mother legitimants. The statement that authorizes the adoptive legitimization will have the or the names of the stack with which the legitimized will be registered. |
| 10) | In cases of simple adoption made by a marriage, the name of the adopted adopted will be replaced by that of the parent and mother adopters. If the simple adoption is made by a man, the adoptee will replace his first surname with that of the adopter. If the simple adoption is carried out by a woman, the adopted woman shall replace her second surname with that of the adopter. However, if it were the adoption of a teenager, he or she could agree with him or the adopters if he or she retained their last names or replaced any of them with that of the adopters. |
In the judgment you should be aware of the decision in respect of the last names of the adoptee, which shall be entered on the margin of the birth certificate.
ArtAculo 28. (Right and duty to recognize your own children).-Every parent has the right and duty, whatever his marital status, to recognize his children.
Please refer to the third indent of Article 227 of the Civil Code.
Modify the wording of the fourth indent of Article 227 of the Civil Code, which shall be worded as follows:
| " No recognition of natural children will be admitted, even after the marriage is dissolved, when that recognition is intended to be done in favor of a person who has the notorious possession of a legal child, without prejudice to the actions that are legally allowed to answer that affiliation. " |
Entity, in all legal order, the expressions "legal child" and "natural child" as "child within the marriage" and "child out of the marriage", respectively.
ArtAculo 29.-Suspend items 214, 215, 216, 217, 218, 219, 220, and 221 of the Civil Code, which shall be drawn up as follows:
| " ARTACLE 214.-Living the consund cönyüges, and without prejudice to the proof to the contrary, the law considers the father's husband to the creature conceived by his spouse during marriage. |
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| People legitimized by the law, may destroy this prescience by crediting that the biolological paternity of paternity does not exist. |
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| ARTACLE 215.-It is considered conceived within the marriage, to the creature born out of the hundred and eighty days after it and within the Three hundred days after its dissolution. This prescience is relative. |
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| ARTACLE 216.-The father husband of the creature born to his wife is also considered to be within one hundred and eighty days of marriage. you have known the pregnancy before you have married or have admitted your paternity expressly or directly by any means inequAvoco. Outside of these cases, the husband will suffice to judicially deny the fatherhood of the creature given by his wife, of which he will be known to him. If the mother objected to the contradiction. |
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| ARTACLE 217.-The parenthood of the husband that is configured according to the articles 214, 215 and 216 of this Code, may be freely contested by the husband, the son or the heirs of one or the other, within the time limits and under the conditions laid down in the following articles. |
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| ARTACLE 218.-The husband may exercise the act of parenthood in order to challenge the presence of legitimacy that would have arisen, within the time limit of an aA ± or counted since taking cognizance of the birth of the creature whose paternity the law attributes to him |
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| Your heirs will be able to continue the action attempted by you, or initiate the action, if the husband had died within the time limit to be deducted. The heirs shall have the time limit of an year to be counted since the death of the husband. |
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| ARTACLE 219.-The child in possession of the legal filiatory status is found, whether or not the child is entitled to challenge the parenthood, acting duly represented by an "ad litem" curator, within the time limit of a year from birth. If the action has not been attempted during the child's minor age, it may be exercised within the time limit of a year from its majority. In case of death of the child within the time limit to file the complaint of the challenge of paternity or during his or her age of age without having filed it, the action may be exercised by the heirs of the person within the time period count. |
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| ARTACLE 220.-If the status of the legacy status is missing even if there is its title, the awareness of the parenthood may be The mother, by a curator "ad litem" who acts in the representation of the son, by the biological father who manifests his or her own to recognize him or the son when reaching the majority of age. The mother and the biological father will not be able to actuate once their child has reached the age of majority. In the absence of legacy status, the action will be imprinted for the child. |
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| In cases where this article, the preceding and the fourth paragraph of article 227 refer to state possession, the course of the time claimed by article 47 of this CAUSE. |
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| The acceptance of the action deducted by the mother or the biological father will leave the child in the civil state of the plaintiff's natural child. |
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| ARTACLE 221.-The process will not be fully filed if not involved in the same, as active or passive subjects, if any, the husband, the mother and the son of him. " |
ArtAculo 30. (Parents ' ability to recognize their children).-Every parent has the right and duty, whatever their marital status and age, to recognize their child.
However, women under 12 years of age and men under the age of fourteen will not be able to carry out awards without judicial approval, after the Ministry's approval.
In the case of non-married parents or adolescents, the Judge decides to take away the rights and duties inherent in the protection, giving preference to the grandparents who live with the recognized and recognized father.
Prior to all decisions referred to in the foregoing paragraph requiring judicial authorization, the parent or parent who has recognized the child shall be heard and shall not be eighteen years of age.
The fatherland will be exercised fully by both parents, from the time they have fulfilled eighteen years.
ArtAculo 31. (Forcing of recognition). Recognition can take place:
| 1) | For the simple declaration made before the Civil State Registry Officer by the biological parent or parent in opportunity of the birth of the child, as a child out of wedlock, assuming the only explicit recognition. |
| 2) | By will, in which case the recognition may be expressed or implied. |
| 3) | By public write. |
ArtAculo 32. (Will of the child).-When the child is recognized after having met thirteen years of age, he has the right to express in form before the Civil State Registry Officer his will to continue using the surnames with which until then it was identified. Such expression of will shall be recorded on the margin of his birth.
ArtAculo 33. (Inscription tardAa).-The right enshrined in the previous article, also rules for the alleged tardae inscriptions of children older than thirteen years.
Try to be registered as children within the marriage, it is sufficient for the presence of one or both parents, without prejudice to the compliance with the corresponding legal provisions.
ArtAculo 34. (Tenancy by parents).-
| 1) | When the parents are separated, they will determine how the tenure will be performed ( Article 177 of the Civil Code). |
| 2) | In the absence of parental agreement, the tenure will be resolved by the Family Judge, dictating the necessary measures for his/her compliance. |
ArtAculo 35. (Family Judge Faculties).-In case of no parent agreement, the Judge will resolve, taking into account the following recommendations:
| A) | The child should remain with the parent or parent with whom they lived for the longest time, provided they favor it. |
| B) | Prefer to the mother when the child is less than two years old, as long as it is not harmful to him. |
| C) | Under your most serious functional responsibility, the Judge will always have to hear and take into account the opinion of the adolescent. |
ArtAculo 36. (Tenancy by third parties).-
| 1) | Any interested person may request the holding of a child or adolescent whenever this is intended for the purposes of the above. The competent judge, under the most serious functional responsibility, should evaluate the family environment offered by the person concerned. |
| 2) | The person who holds a child or adolescent is required to provide the protection and care necessary for his or her integral development. |
| 3) | The person who does not feel trained to continue the tenure should bring him to the knowledge of the Family Judge, who resolve the situation of the child or adolescent. |
ArtAculo 37. (Procedure).-All claims relating to tenure, tenure recovery, or guardian of children or adolescents, shall be governed by the extraordinary procedure enshrined in the href="areuelveref.aspx?CODOS,code-generalprocess/2001/2/art346/HTM/'/htmlstat/pl/codes/code/generalprocess/2001-2/cod_generalprocess.htm#art346' " title="CAMTO present documents"> articles 346, 347, 349 and 350 of the General Process Code. ratification of tenure will be dealt with by the voluntary procedure ( articles 402 and following the General Code of the Process). He is a judge competent to know in such claims, that of the address of the child or adolescent.
ArtAculo 38. (General Principle).-All children and adolescents have the right to maintain the vAnculo, in preferential order, with their parents, grandparents and family members and consequently, to a regime of visits with the " Without prejudice to the competent Judge based on the superior interest of the child or adolescent, include other persons with whom he has maintained stable affective ties.
ArtAculo 39. (Determination of visits).-
| 1) | The determination of the visits will be fixed by agreement between the parties. |
| 2) | In the absence of agreement, or preventing or limiting the exercise of the above right, the Family Judge will set the same. The right of the child or adolescent to be heard shall be guaranteed, taking into account their opinion, which shall be prescribed in an appropriate manner. |
ArtAculo 40. (Incompliance to allow visits).-The party that is required to allow visits or to deliver to the child or adolescent according to the established rule, and will be denied in an unmotivated manner, will enable that the other party personally comes before the Family Judge of the Urgency or who does his or her times in which it does not exist, which will immediately have the appearance of the defaulting party, being notified by the Policaa. In the event of an appearance, it may be conducted by the public force, if the Judge disputes it.
The Family Judge of Urgency or who will do his or her times, listen to both parties and be unmotivated the reluctance of the party to allow the visits, will have-appreciating the circumstances of the case, the age and especially the interests of the child or adolescent-the delivery of the same to the party that claims it, which must be reintegrated according to the agreed upon, unless the Family Judge understands that the applicant must be retained, until the Judge of the case is resolved.
ArtAculo 41. (definitive visitation rate).-The next immediate weak dAA, the Emergency Family Judge, or whoever does his or her times where the latter does not exist, tells the Family Judge who intervened in the setting (a) the number of visits, where the background is given, who shall ultimately decide whether or not to maintain the fixed rate.
For such purposes, the parties should be summoned to a hearing, which should be held within a period not longer than three days of receipt of the antecedents. In that hearing, the presence of the Ministry of Public and Fiscal Affairs, as well as the legal assistance, will be required.
ArtAculo 42. (Incompliance with the visits).-If the party to whose behalf is established a visitation regime, does not comply with it, the other party may turn to the competent Family Judge, explaining the situation and the impact that the lack of compliance by the obligated has on their children.
In such a case, the provisions of the first paragraph of Article 40 and Article 41 shall apply.
ArtAculo 43. (Failure by default).-The serious or repeated non-compliance of the approved or judicially-established visitation regime may result in the variance of the tenure if this does not impair the interest of the (a) without prejudice to the financial penalties laid down by the Judge at the request of a party or of an office, the result of which shall be for the benefit of the Court.
The Judge should let the defaulting party know that neglecting the child's emotional needs can result in the loss of the parental authority and the crime foreseen in the Criminal Code 279 B..
ArtAculo 44. (General procedural principle).-All the pretensions concerning the visitation regime will be regulated by the extraordinary procedure enshrined in the artArticles 346, 347, 349, and 350 of the General Code of the Process.
Is a competent judge to know in such claims, that of the address of the child or adolescent.
ArtAculo 45. (Concept of family assistance duty).-The duty of family assistance is constituted by the duties and obligations of the members of the family or other legally assimilated to them, whose purpose is the material and moral protection of the members of the same.
Under the word of food, this is referred to as material assistance.
ArtAculo 46. (Food concept).-Food is constituted by the monetary or in-kind benefits that are sufficient to satisfy, according to the particular circumstances of each case, the needs relating to the livelihood, housing, clothing, health and expenses necessary to acquire a profession, education, culture and recreation.
Also, food is considered to be the expenses of mother's attention during pregnancy, from conception to the stage of postpartum.
The benefits should be proportional to the economic possibilities of the obligors and to the needs of the beneficiaries.
ArtAculo 47. (Form of food supply).-Food performance will be served in money or in kind, or both, in attention to the circumstances of each case.
All benefits will be served in a periodic and anticipated manner.
The obligation to provide food may require the person to administer the food penalty, account of the costs incurred for the beneficiaries.
The Judge will appreciate if it is up to the account to be given.
ArtAculo 48. (From the duration of the food supply).-The food supply is due from the intervention of the demand.
Try to increase or reduce the loan, the same will take effect from the request, unless the Judge, appreciating the circumstances of the case, has to apply since the sentence is executed.
Settled out of court, it is due from the agreed date.
ArtAculo 49. (Provisional foods).-The Judge when providing on the claim, and attended to the circumstances invoked, will fix provisional food.
ArtAculo 50. (Food obligation beneficiaries).-Are creditors of the food obligation the children and adolescents of the age of eighteen years and under twenty-one who do not have in the Last case-of own and sufficient means of life for your concrane and decent support.
ArtAculo 51. (People required to provide food and order of preference).-Food will be provided by parents or, if appropriate, by the parent or adopters. In the event of impossibility or insufficiency of the pension service, the following order shall be provided in the alternative:
| 1) | Top-of-the-top ascents, preferably those of the parent forced. |
| 2) | The code regarding the children of the other as they live with the beneficiary. |
| 3) | The concubine or concubine, in relation to the child or children of the other member of the partner, that are not the result of that relationship, if coexist all together by forming a family in fact. |
| 4) | The legacy or natural siblings, with the double-vAnculo preference over those of simple vAnculo. |
In the cases provided for in numerals 1) and 4), if several persons are present in the same order, the obligation shall be divisible and proportional to the possibility of each obligation.
ArtAculo 52. (Food obligation characters).-
| 1) | Intrasmissibility and irrenunciation. The right to order food cannot be passed on for the sake of death, nor given up, sold or otherwise disposed of. |
| 2) | Inembargability and incompensability. Food pensions are not embargable. |
| The food debtor cannot oppose the plaintiff, in compensation, whatever the plaintiff owes to him, except that he owed it refer to the food penalty object of the litigation. |
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| 3) | Encryption. |
| The right to order food is imprinted. |
ArtAculo 53. (Backward Food Pensions).-Notwithstanding the provisions of the preceding articles, the overdue food pensions may be waived, and the right to demand them, may be transmitted by reason of death.
ArtAculo 54. (Transacting on future foods).-Transacting on future foods will not have effects but after being passed judicially.
ArtAculo 55. (Modification of food obligation).-Food may be increased or reduced, if the economic situation of the debtor or the needs of the creditor is modified. Will be processed by the procedure set in the artArticles 346 and 347 of the General Code of the Process.
ArtAculo 56. (Extinciation of the food obligation).-The food obligation is extinguished and its cessation must be judicially decreed in the following cases:
| 1) | When the assumptions set in item 50are no longer met. |
| 2) | When the debtor is unable to serve them. |
| 3) | When the feeder passes, without prejudice to the forced allocation that taxes the mass of the inheritance. |
| 4) | When the food fails, in which case the obligation extends to funeral expenses, provided they cannot be covered by another way. |
In the case provided for in the numeral 1) in the case of a beneficiary who is twenty-one years old, it is sufficient that the feeder is present before the Judge Letrado de Familia who intervened in the food service, requesting the end of the penalty, adding the birth certificate of the beneficiary, and substantiating the transfer to the counterparty for the period of 20 days.
After the deadline without the removal of the shipment, the cessation of the food penalty is delayed, notifying the other party.
If it will be displayed, the procedure set in the artArticles 346 and 347 of the General Code of the Process.
Cases of numerals 2) to 4) shall be processed in accordance with the procedure laid down in Articles 346 and 347 of the General Code of the Process.
ArtAculo 57. (Unjustified food for food).-When the judicially obliged to serve food according to the provisions of this Code I say that, having been judicially intimated, I would omit to lend them without cause, the Family Judge shall immediately give an account to the Judge Letrado as a matter of law, for the purposes set out by the Criminal Code 279 A.
.The Judge of the Criminal Court should communicate to the Judge of the Family the results of the actions carried out by that office.
ArtAculo 58. (Concept of income).-For the purposes of this Code, it is understood by salary or assets, any income of any nature, whether or not, that it originates in the work relationship, lease of works or of services or derive from social security. It will not be computed by income, for the effects of the food penalty, which will perceive the obligation to the loan for the concept of the people who are subject to account. When the people are not subject to accountability, they will be computed for the purposes of the food penalty by 35% (thirty-five percent).
The income from periodic withdrawals for earnings, profits or profits, interest collection or dividends is treated in the same way as the previous item. In general, all that is perceived by the food debtor for his or her work or capital.
ArtAculo 59. (Food retention limit).-You can hold monthly up to 50% (fifty percent) of the income on a monthly basis when the number of children and the needs of the children are justified. The resolution of the Judge should be founded and be appealable without suspensory effect.
ArtAculo 60. (Food loan insurance measures).-In the case of providing the feeder services by individuals or companies, they will have the obligation to inform the Headquarters that (i) request all the information relating to the revenue in question within the period of 15 days of receipt of the trade for which it is claimed. Failure to comply with this obligation will make it possible for individuals or companies to condemn them in such cases. The reporting obligation exists when the feeder does not integrate the functional tables or work plan, but it has with the company or particular any wealth or economic benefit. When the feeder provides services paid by individuals or companies and refuses to comply with the obligation of food, it shall be ordered to be effective in the retention corresponding to the respective wages or assets.
In order to make the contribution effective by the Judge, the order shall be sufficient to enable the office to provide services to the feeder, and the company or the employer shall reply personally, jointly and severally to the payment, if they unreasonably did not comply with the order received.
ArtAculo 61. (Obtained to compliance with the food obligation).-The employer or employer who intentionally conceals, in whole or in part, the income, wages or assets of the obligor, shall be considered course in the scam offense.
In the same offence, any person who shall impede or prevent the correct service of the food obligation shall be liable, or shall be liable to the obligation, or in any manner shall cooperate intentionally and fraudulently, in the reduction of the effective heritage of the feeder.
The Family Judge will immediately count the Judge Letrado as appropriate.
ArtAculo 62. (Prohibiting the feeder from absent from the paAs without leaving sufficient guarantees).-Initiated the food judgment, the defendant will not be able to leave the paAs without leaving sufficient guarantees, always which will be requested by the actor.
ArtAculo 63. (Procedure).-The food process is governed by the rules foreseen for the extraordinary process in the General Code of the Process ( artE"> 346 and 347, numeral 2) of the Article 349 and Article 350 of the General Process Code).
ArtAculo 64. (Competition).-The Judge competent to know in the food judgment, is that of the address of the child or adolescent or the defendant, at the choice of the actor.
ArtAculo 65. (Competition).-The jurisdiction of the courts in matters of children and adolescents is the one that sets the Law No. 15,750, of 24 June 1985, except for the following modifications:
| " ARTACLE 67.-Minor Judges will understand in the first instance in all procedures that the infractions of adolescents to the criminal law. |
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| In the second instance, you will understand the Family Courts. |
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| The current Child Learned Courts will be entitled to be called Adolescent Legal Courts. " |
ArtAculo 66. (Emergency competition).-The Supreme Court of Justice will assign at least four Family Legal Courts in Montevideo and the Court of First Instance of the Interior of the Republic, which understand in matters of family, competence of urgency, with exception of the infractions of adolescents to the penal law, in order to attend in permanent form all the cases that require immediate intervention, or in the cases previewed in the second paragraph of article 122 of this Code. Without prejudice, where necessary, to the use of the powers conferred on the Judges of the Interior by Article 379 of the Law No. 16.320, of 1Aº of November 1992. They will be understood for matters that require immediate intervention, all those where there is a risk of injury or frustration of a child's or adolescent's right.
Taken the first measures to safeguard the rights, they will be referred to the appropriate Court.
The Supreme Court will propose that the Courts have the permanent assistance of social assistant, psycho-logo, and psychiatrist of the Judicial Branch or other professionals of that Power, whose advice may be required by the Supreme Court. Judge.
The Office of the Family Office shall establish a duty of office of Ombudsmen, so that they may act in such Courts, for the purpose of assisting the persons who appear before them.
Also, a shift rule will be established to ensure the presence of the Public and Fiscal Ministry.
ArtAculo 67. (Basic criteria).-Claimed the intervention in legal form and in the matter of its jurisdiction, the Courts will apply as a criterion the promotion of the families, especially of the most vulnerable and the development of the niA in the A-Mbito of it, according to the principles emerging from the article 12 of this Code.
You cannot excuse yourself from exercising your authority, even for reasons of silence, darkness or inadequacy of laws, in accordance with the provisions of the second paragraph of Article 5Aº of the Law No. 15,750, ofJune 1985.
ArtAculo 68. (Competition of the National Institute of the Minor).-The National Institute of the Minor is the administrative administrative office in the field of polytics of children and adolescents, and competent in matters of promotion, protection and attention of the children and adolescents of the country, and their family life to which they should protect, promote and attend to all the means at their disposal. It should determine, through its specialized services, the way to carry out the implementation of the policies through different programs, projects and modalities of social, public or private intervention, oriented to the strengthening of families integrated by children and adolescents and the faithful compliance with the provisions of the articles 12 and 19 of this code.
Prior diagnosis and technical studies, you should ensure adequate admission, admission, attention, referral and disconnection of the children and adolescents in their care. The incorporation to the different homes, programs, projects and modalities of attention will be carried out, having heard the child or the adolescent and seeking to favor the full enjoyment and the integral protection of their rights.
would like to see that all children and adolescents have equal opportunities to access social resources, in order to be able to develop their potential and to form autonomous personalities capable of being socially integrated into society. active and responsible form. The actions of the National Institute of the Child should prioritize the unprotected and vulnerable.
The adolescents who, being at the disposal of the National Institute of the Minor, will reach the majority of age will be oriented and supported for effects that can take care of their lives independently. Persons with different abilities to reach such majority, being in care of the National Institute of Minor, may remain under their protection as long as they cannot be derived for their attention in services or programs of adults.
The National Institute of the Minor will supervise, in a medical way, the private institutions to which the children and adolescents are present, without prejudice to the competence of the National Administration of Public Education (ANEP).
You will also audit any private, community, or non-governmental institution with which you run programs under the conventions mode.
You should also incorporate into all programs that you manage, directly or in the mode of agreement, a comprehensive approach to the diverse family situations of children and adolescents.
All audits should be performed by multidisciplinary teams of professionals for the purpose of evaluating the situation in which the children and adolescents are located, as well as the treatment and training given to them, according to the rights which they have and the obligations of those institutions.
The National Institute of the Minor may make observations and make the complaints that correspond to the competent authorities, for the fact that violations of the rights of the child and adolescent, without prejudice to the precept of the Criminal Code 177 (omitting of officials to report crimes).
ArtAculo 69. (Infractions to criminal law).-For the purposes of this Code, they are violations of criminal law:
| 1) | The actions or omissions that were consumed, committed as an author or a co-author, typified by the Criminal Code and special criminal laws. |
| 2) | The actions or omissions that are consumed, committed as author, coauthor, typified by the Criminal Code and special criminal laws, when the Judge reuses sufficient, well-founded elements of conviction exclusively in the development of the psycho-social personality of the offender; endorsed by a technical team, which allows to conclude that the adolescent has the cognitive ability of the possible consequences of his work. |
| 3) | Attempted violations to criminal law. |
| 4) | The participation in quality of code in violations to criminal law. |
ArtAculo 70. (Adolescent infringer).-It is called an offending teenager who is held liable for an executed sentence, dictated by a competent court, as an author, coauthor or a copy of actions or omissions described as violations of criminal law.
ArtAculo 71. (Causal Relation).-AS can be subjected to a special process regulated by this Code the adolescent to whom the material can be attributed to him and psychologically a fact constitutive of violation to the law penalty.
The existence of the infraction must be the consequence of your action or omission.
ArtAculo 72. (Offences classes).-Criminal law violations are classified into serious and taxed.
Criminal law violations are more serious:
| 1) | Homicide ( Criminal Code 310). |
| 2) | GravAsimas Lesions ( Criminal Code 318). |
| 3) | Violation ( Criminal Code 272). |
| 4) | Rapià ± a ( Criminal Code 344). |
| 5) | Aggravated freedom private ( article 282 of the Criminal Code). |
| 6) | Sequestration ( Criminal Code 346). |
| 7) | Extorsiân ( Criminal Code 345 article). |
| 8) | Drug trafficking (items 31 and 32 of Decree-Law No. 14,294, of 31 October 1974, in the wording given by article 3Aº of the Law No. 17.016, dated October 22, 1998). |
| 9) | Any other action or omission that the Criminal Code or special laws punish with a penalty the lAmite of which is equal to or greater than six years of penitentiary or whose maximum limit is equal to or greater than 12 years of penitentiary. |
| 10) | The attempt of the violations are within the number (1), (5), and (6) and the complicity in the same violations. |
In the cases of violation, do not take into account the presence of the violence exercise ( Criminal Code 272).
The remaining are serious violations of criminal law.
ArtAculo 73. (Adhering to the rules of the Criminal Code and the Law No 16,707of 12 July 1995).-The Judge shall examine each of the constituent elements of the liability, the circumstances which exempt the application of measures or the extent of the infringements. and the contest for infringements and offenders, taking into account the precepts of the general part of the Criminal Code, from Law No. 16,707, of July 12, 1995, the condition of adolescents and the budgets for the pursuit of the action.
ArtAculo 74. (Principles that govern).-In all cases where the teen is accused of having committed acts that are presumed to be in violation of criminal law, he must ensure strict compliance with the law. Due process garantAas, especially the following:
| A) | Principles of judiciality and legality.-The teenager accused of having committed an offence to the criminal law, will be judged by the Judges competent in accordance with the special procedures established by this Code. |
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| Will ensure, in addition, the validity of constitutional, legal and international instruments, especially the , the B) | Principle of responsibility.-AS can be submitted to special processing, regulated by this CACODE, the oldest teen Thirteen and under eighteen years of age, charged with violation of criminal law. |
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| The responsibility of the teen will have a place from the final statement attributed to him by the commission of the event constitutive of criminal law. |
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| If you are involved children under thirteen years of age, you will proceed according to the precept in Chapter XI, items 117 and following this CACODE. |
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| C) | The principle that conditions the detail.-AS can be stopped in cases of flagrant violations or existing elements Sufficient conviction on the commission of an offence. In this latter case, by written order of competent Judge communicated by means of the authorities. The detail will be an exceptional measure. |
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| D) | Principle of humanity.-The private teenager of freedom will be treated with humanity and respect that deserves dignity inherent to the human person. |
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| teen-ager will be subjected to torture, cruel, inhuman or degrading treatment, or medical or medical experiments scientists. |
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| You are entitled to maintain permanent contact with your family or those responsible, except in special circumstances. |
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| E) | Principle of innocence.-You have the right to be presumed innocent. He will not be obliged to testify against himself or to plead guilty. |
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| F) | Principle of inviolability of the defense.-You have the right to permanently count on free legal assistance, specialized, public or private, starting from the time, during the process and up to the full implementation of the measures. |
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| G) | Principle of freedom of communication.-You are entitled during the deprivation of liberty, to communicate freely and in private with their advocacy, with their parents, leaders, family members and spiritual assistants. |
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| H) | Principle of prohibition of trial in absentia.-You have the right not to be judged in your absence, or the penalty for the nullity of everything acted ( Article 21 of the Constitution of the Republic). |
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| I) | Principle of challenge.-Every teen will have the right to challenge all court decisions that hurt him. |
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| J) | Reasonable duration principle.-In no case the situation arising from the formalization of the process will exceed in its consequences for the duration of the duration of the measure that has been matched. |
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| K) | Principle of assistance from intals.-Every teenager will have the right to free free attendance of a intently, if you do not understand or speak the official language. |
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| L) | Rule of opportunity rule.-Teenager has the right to be dispensed with the procedure when, by the characteristic of the fact or by the nature of the well-sworn good, the continuation of the action is not justified. |
ArtAculo 75. (General Principle).-In all cases where the responsibility of the adolescent is investigated, the procedure shall be adjusted to the limits set by this Code and subsidiary to the href="areuelveref.aspx?CODOS,generalprocessor/2001/2//HTM/'/htmlstat/pl/codes/codes/codene/2001-2/cod_generalprocesso.htm ' " title="CA-code current to this document"> General Process Code.
ArtAculo 76. (Procedure).-
| 1) | Pre-processing actuations. |
| a) | Police authority tasks. |
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| When the teen is held as set in literal C) of the artAculo 74, the apprehensive authority, under its most severe responsibility, should: |
| a) | Performing the action so that it less harms the person and reputation of the teen. |
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| b) | Putting the fact immediately into the Judge's knowledge, or within a period of time A maximum of two hours after practice has been performed. |
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| c) | Making the teen aware of the reasons for the detail and the rights that you are attending, especially the right you have to designate human rights defender. |
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| d) | Inform your parents or managers as a way to secure your parents garantAas and rights. |
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| e) | If necessary, before driving it to the presence of the Judge, you will do Note the indispensable for the information of the facts. |
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| f) | If it is not possible to take it immediately to the Judge's presence, prior You may be entitled to the specialized agency of the National Institute of the Minor that corresponds to or from the Police Institute, and you cannot remain in this last place for more than twelve hours. |
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| g) | Inter-institutional transfers and judicial headquarters must be preceded by the corresponding medical examination. |
| B) | When the Judge takes knowledge that the teen is in the situation expected in the artAculo 117 of this Code, will put it to the attention of the competent Judge, without prejudice to the procedural action referred to the offence. |
| 2) | Preliminary hearing. |
| In cases of violations of adolescents that warrant it, the Judge shall have, within a period not exceeding twenty-four hours, the holding of a preliminary hearing where the teenager, his defender and the Ministry of Public Health should be present, under the penalty of nullity. |
| The presence of the parents or those responsible will be sought. They will also be able to appear, if they will accept it and there will be no danger to their security, the victim and witnesses. |
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| The Judge, when interrogating him, will make him aware of the reasons for the detention and the rights that he is attending. |
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| The immediate aggregation of the birth date or age accreditation will be available by means of replacement media. |
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| Mediating item agreement, you can dispense with immediate aggregation. |
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| 3) | Test measures. |
| During this hearing, the Ministry of Public Health and the defense will be able to request the measures they deem appropriate. |
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| Information should be collected within a period not exceeding twenty continuous and peremptory days, counted from the judicial decision. |
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| The test will be completed in an audience with the garantAas that ensure due process, including team reports Technical, within a period not exceeding twenty days, continuous and peremptory, counted from the judicial decision. |
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| In all that is required of you, the Policywill lend to collaboration. |
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| 4) | Preliminary hearing resolution and precautionary measures. |
| At the end of the preliminary hearing the Judge: |
| A) | Available the evidentiary measures referred to by the previous numeral. |
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| B) | Set the final hearing within sixty days, except if it decrees as a precautionary measure house arrest or provisional intervention, where such hearing shall be fixed within a maximum of 30 days. |
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| C) | Deciding the application of some precautionary measure, according to the number of the next. |
| 5) | Precautionary measures. |
| The Judge, at the request of the Ministry of the Public, and OAda the defense, will have the necessary precautionary measures that will least harm to the teen. |
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| Are precautionary measures: |
| 1) | The ban on exiting the paAs. |
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| 2) | The prohibition of approaching vActima or other people, from competing to certain places or to contact determined people. |
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| 3) | The obligation to attend the Court or the authority that the Judge determines. |
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| 4) | House arrest. |
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| 5) | The interim international |
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| The house arrest and the provisional international arrest cannot last longer than sixty days. After that deadline, without a judgment of the first instance, the teenager should be released. Both precautionary measures can be applied if the offence against the teenager can ultimately be the object of a custodial measure, in accordance with the article 86, and provided that this is indispensable. for: |
| A) | Ensuring the teen's appearance to procedural acts essential. |
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| B) | The security of the vActima, the whistleblower, or the witnesses. |
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| The provisional intervention will be completed in a special setting of the National Institute of Minor. |
| 6) | Technical team report. |
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| If the Judge resolves the intervention, you will have the technical team of the In a term that does not exceed the twenty days provided for the test, produce a report with a medical and psychosocial evaluation, which will be issued especially on the possibilities of coexistence in the freedom of freedom. |
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| 7) | Report of the Center of Internation. |
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| The techniques will produce the verbal or written reports that the Judge has and will monitor the implementation of the measures. Verbal reports will occur in the audience. |
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| 8) | Demand or withdrawal forms. |
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| The test, the cars will pass in view of the Ministry PAºblico for six days. In case of deducting charges, they will relate to the tests already completed and will analyse the technical reports and formulate the technical, legal and technical budgets of the charge. |
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| If the PAºblico Ministry requests the dismissal, the Judge will dictate it without a further limit. If the tax demand is reduced, the defence will be transferred to the defence for six days, which may provide evidence and contradict or be raided. |
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| 9) | Raiding. |
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| To mediate the defense, the Judge should pass sentence in five days. |
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| 10) | Final Audience. |
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| You should participate, under the penalty of nullity, the teenager, his defender, and the Ministry of Public Health. It will be called within the fifteen days of the response of the tax demand, by the defense. |
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| The collected technical reports will be available. |
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| You will be participating to your parents or responsible, and to the vActima, if you request it. |
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| 11) | Deadline for dictating statement. |
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| The Judge should issue a final statement of first instance after the final hearing, and in that same opportunity to issue the ruling with its fundamentals. Will you read all of this, for the purposes of your communication ( Article 76 of the General Code of the Process), where applicable, in the relevant, the Criminal Process Code 245. |
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| The statement will be written and must be written in a short and clear way so that it can be understood in all its parts by the accused teenager. |
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| When the complexity of the subject justifies it, the audience can be extended for fifteen days peremptory, proceeding for communication to the formalization of a complementary audience. |
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| 12) | Statement content. |
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| If socio-educational measures are disputed, the statements will be rendered for the purpose of preserve the teen's interest. |
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| The freedom of liberty will be used only as a measure of last resort and during the period S brief as appropriate. |
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| DeberA to base why it is not possible to apply another measure other than that of private freedom. |
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| The Judge will not be able to impose educational measures without prior order from the Ministry of Public Health, nor to The most burdensome way of the one requested by you. |
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| 13) | Greater co-participation. |
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| In the case of facts with a criminal appearance in which adolescents are involved together with The police authority will do so by the same time as the Judge Letrado of Adolescents and the Criminal Judge of Turno, who will act in parallel, immediately communicating the alternatives of the cause. |
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| DeberA request authorization from the Adolescent Judge Letrado for the teen's move to the Criminal Court, whenever your statement is necessary. |
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| 14) | Challenging RA©gimen. |
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| The challenging rule that the law sets ( articles 253 and 254 of the General Code of the Process). |
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| The appeal will be automated when the imposed measure has a duration greater than an aA ± or deprivation of liberty. |
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| 15) | Hard access zones. |
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| When, by virtue of distance or other circumstances, it is not possible to immediately take the In the presence of the competent Judge Letrado, the respective Peace Judge may adopt the first and most urgent measures ( artA"> 45 of the Criminal Process Code). |
ArtAculo 77. (General principles).-The measures referred to in this Code may be applicable to the adolescents with respect to which there is a declaration of responsibility, by execution sentence.
ArtAculo 78. (Execution of the measures).-Once the Judge has the measures, you must communicate it in writing to the National Institute of the Minor or private institution selected for the purpose, with reference of the text of the resolutions or judgments, without whose requirements the recipient will not give course to the execution of the same.
ArtAculo 79. (Complementary measures).-All measures that are taken in accordance with the number (12) of article 76, may be supplemented with technical support, and will have a (a) the educational system, will seek the responsibility of the adolescent and seek to strengthen respect for human rights and fundamental freedoms of third parties, as well as the strengthening of family ties and social.
The measure will be selected by the Judge, following the criteria of proportionality and suitability to achieve such objectives.
ArtAculo 80. (Substitute measures).-The following non-custodial measures are applied, among others:
| A) | Warning, formulated by the Judge in the presence of the defender and the parents or persons responsible, on the damages caused and the consequences of not amending their conduct. |
| B) | Amonestation, formulated by the Judge in the presence of the human rights defender, the parents or the responsible parties, intimates not to reiterate the infraction. |
| C) | Orientation and support through incorporation into a socio-educational program in charge of the National Institute of the Minor or public or private institutions, for a maximum period of one year. |
| D) | Observance of rules of conduct, such as prohibition of attending certain places or expectations, for a period not exceeding exceeds six months. |
| E) | Service provision to the community, up to a maximum of two months. |
| F) | Required to repair the damage or satisfaction of the vActima. |
| G) | Prohibiting motorized vehicle driving, up to two years. |
| H) | Assisted Freedom. |
| I) | Freedom watched. |
ArtAculo 81. (Guidance Programs).-The orientation and support programs aim to gradually incorporate the adolescent into the family environment or parenting group or other groups, as well as to the centers of Teach and, where appropriate, to the job centers.
These programs may be executed by the National Institute of the Minor or by other public or private institutions.
ArtAculo 82. (Jobs for the benefit of the community).-The jobs for the benefit of the community will be regulated according to the directives that the National Institute of Minor will program.
It will preferably be carried out in hospitals and other public services. It shall not exceed six hours a day. The administrative authority shall monitor its compliance with those responsible for its implementation in such a way that it does not prejudice the attendance of the teaching, leisure and family relations centres, in all of which it will be observed. care not to disclose the adolescent's procedural situation.
ArtAculo 83. (Required to repair the damage or satisfaction of the vActima).-At any stage of the process, prior to compliance of the teen and the vActima or the request of the party, the Judge may refer the case to The action was suspended for a reasonable period of time. Reaching an agreement, prior to the technical report and the defense and the Ministry of the Public, the Judge should reasonably assess from the exclusive perspective of the adolescent's superior, the pedagological and educational sense of the repair Proposal for a Council Regulation (COM ()) Doc. Such decision will be mandatory in the case of favorable opinion of the Ministry of Public Health. The same effect will have the conciliation agreements concluded at the hearing.
ArtAculo 84. (Assisted and watched freedom RA©gimen).-
| A) | The assisted freedom regime is to remind the teenager of the enjoyment of freedom in his family and social environment. |
| SerA, necessarily supported by specialists and trained officials for the fulfillment of educational programs. |
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| The Judge will determine the duration of the measure. |
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| At any time of its execution the measure may be interrupted, revoked or replaced, either on its own initiative or at the request of the actors who have been enabled and prior to the intervention of the PAºblico Ministry and the human rights defender. |
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| B) | The probation system consists of the presence of the adolescent in the community with the permanent accommodation of a educator, for as long as the Judge determines. |
ArtAculo 85. ("Non bis in idem").-The Judge will be able to apply one of the measures provided for in this Title or the following.
ArtAculo 86. (Applied).-The custodial measures shall be applied to the adolescents declared by the executing sentence, responsible for the offence, who in the judgment of the Judge justify the same.
It will also be possible to apply to adolescents who, having been declared by enforceable judgment responsible for an offence, fail to comply with the measures taken by the Judge.
ArtAculo 87. (Applicability).-The custodial measures are not mandatory for the Judge. It will apply when the legal requirements are set, there are no other appropriate measures within the non-custodial. The Judge will substantiate the reasons for the non-application of other measures. The right of the adolescent to live with his family, and in case of separation, to maintain permanent contact with the family, partners, friends, affections and others, if they are not harmful to him, will be considered in consideration. same.
ArtAculo 88. (Custodial Measures).-The custodial measures are:
| A) | Internation in establishments, completely separated from prison facilities for adults. |
| B) | Internation in equal establishments with possibilities to enjoy semi-freedom. |
ArtAculo 89. (Privatisation of liberty).-The prison of liberty is to recruit the teenager in an establishment that ensures his stay in the compound, without prejudice to the rights of the enshrined in this Code, the constitutional, legal and international instruments.
ArtAculo 90. (RA©gimen de semilibertad).-The rule of semi-freedom is to provide that the adolescent, whose privacy has been arranged in establishments, enjoys permission to visit his family or for the realization of external activities, of eight hours of duration, in their personal benefit, controlled by the authority where they are interned.
This rule extends, at the will of the adolescent, while the measure of deprivation of liberty applies, except for temporary or final suspension for non-compliance with the rules of behavior.
ArtAculo 91. (Duration of Freedom-of-Freedom Measures).-The measure of freedom of liberty will have a maximum duration of five years.
In no case is the adolescent who, when he reaches eighteen years of age, remains subject to measures, which he or she subtracts in establishments intended for adults.
In situations of manifest danger, the measures that are compatible with the security of the population and the purpose of recovery of the infringer will be adopted.
ArtAculo 92. (Compliance).-Compliance with the freedom-of-freedom measures are the exclusive, inalienable, and indomitable responsibility of the State.
It will be fulfilled in special centers until the completion of the measures and according to criteria, among others, of age, physical compliance, gravity of the infraction and adaptation to the coexistence.
In no case will they be met in establishments intended for adults.
Special care should be taken for situations in which the adolescent requires medical treatment, in which case he/she should be admitted to an appropriate facility under his/her conditions.
ArtAculo 93. (Violators with dependency).-In cases of adolescent offenders, who suffer from alcoholic or toxic dependencies, assistance to orientation programs and appropriate treatment.
ArtAculo 94. (Procedure for modification or cessation of measures).-The cessation of the measure must be decreed, at any time, when it is accredited in cars that the measure has fulfilled its purpose socieducative.
The processing of all requests for replacement, modification or cessation of the measures, will be made in the audience, and must be decided upon, prior to the technical reports that are considered pertinent, with the presence of the adolescent, their legal, defence and ministry representatives.
The hearing should be held within a period not exceeding ten days from the respective request.
ArtAculo 95. (Translate of offenders).-The intervention of the adolescents outside the jurisdiction of their domicile will be limited to the minimum possible, attended to the circumstances of the case.
When the Courts have the inter-nation of the offending adolescents out of their jurisdiction, they shall decline jurisdiction before the Judge of the place of intervention.
You should send along with the teen, certified photocopy of the file in closed, that will be delivered by the official who moves it, under his most serious functional responsibility, to the Judge of the place of the place of the intervention.
ArtAculo 96. (Reservation).-The identification of the person of the adolescent by any means of communication is prohibited, without prejudice to information about the facts.
The public officials who provide news to the press, in contravention of the provisions of the previous paragraph, will be able to suspend ten days with a loss of assets the first time, and one month for the next. The third offence will give rise to the dismissal. The offence will be communicated preceptively to the institution to which it belongs, with the transcription of the rules.
The means of communication that violate the provisions of the first subparagraph will incur a fine, in the judgment of the Judge, equivalent between 20 UR (twenty retunable units) and 200 UR (two hundred retunable units), according to the cases, being the destination of the same National Institute of Minor.
ArtAculo 97. (Competition).-In the violations provided for in the third indent of the previous article, you will understand the Judges ' Letrates of Adolescents, following the legal procedure to suppress the faults in adult criminal law.
ArtAculo 98. (Recurribility).-The sentence may be appealed to the respective Family Court, whose decision will be judged.
ArtAculo 99. (Supposed of the execution).-The procedural activity of implementing the educational measures, comprises the acts intended to promote the fulfillment of the measures and the limit and the decision of the issues above.
ArtAculo 100. (Control exercised by the competent Judges).-They are committed by the Teenage Judges:
| 1) | To monitor the cases in which educational measures are placed by the executing statement, up to the end of their compliance. |
| 2) | Understand the complaints of adolescents during the hearing and with the intervention of the defender and the Ministry period of execution of the measures, both in the establishments, and outside them. |
| 3) | Visit, at least every three months, the centers of intervention, putting on record in the respective case of the result. |
| Without prejudice to what you want, you can perform inspections whenever you consider it appropriate. |
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| In both cases, take the measures that are best suited to the teen's higher interest. |
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| 4) | Giving the Supreme Court Justice in cases where serious irregularities are found. |
ArtAculo 101. (Control of the administrative authority).-The National Institute of the Minor or the authorities of the institutions of intervention, will inform the judge every three months on the way it is meets the extent and evolution of the adolescent.
The National Institute of the Minor will regulate the operation of the establishments where the custodial measures are complied with.
ArtAculo 102. (Special Principle of Freedom of Freedom).-Without prejudice to the rights and guarantees listed in article 74, the rights and duties of the adolescents, with a view to counteract the detrimental effects of institutionalization and to encourage their integration into society:
| A) | Rights: |
| 1) | To be informed of the institutional operating system and its rights and duties and to know the officials who will have it under their responsibility during the birth or in the outpatient clinic. |
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| 2) | To know the internal rule to communicate personally with the Judge, Prosecutor, defender, educators, family members and effectively exercise that right. |
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| 3) | To be informed about the measures that are projected to achieve your family's social. |
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| 4) | To receive health, social, educational, religious, and leisure services, and be treated according to their development and needs. |
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| Your security, as a protection against harmful influences, will be guaranteed in any case risk situations. |
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| 5) | To be informed about the coexistence system. |
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| 6) | Not being moved from the center where you meet the educational measure without it being immediately available to the Competent judge. Any transfer may be appealed in accordance with the law, without suspensory effect. |
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| 7) | You cannot impose collective penalties. |
| B) | Duties: |
| During the implementation of the measures, the adolescents will have to respect their educators and those responsible and observe the Internal regulations regarding coexistence, study and tasks of training, recreation, personal grooming and the dependencies they occupy, and respect for their educators, responsible and other people with whom they are linked daily. |
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| C) | Application scope: |
| All rights and duties established in order to implement the socio-educational measures shall apply, as appropriate, to all kinds of deprivation of liberty. |
ArtAculo 103. (General Principle).-In any state of the process the Judge, hearing the Ministry of the Public, the adolescent and his defense, will have the closure of the process, in the following cases:
| 1) | When it will be checked that the teen is not responsible. |
| 2) | When it will be checked that it is not the author, coauthor, or code of the constitutive fact of the offence. |
| 3) | When it will be checked that it has been covered by any of the circumstances that are being punished. |
| 4) | When you have prescribed the action for the imputed fact. The term of registration will be two years for serious crimes and a year for serious crimes. |
ArtAculo 104. (Prescindency of the criminal action).-In any state of the process the Judge may, by hearing the PAºblico Ministry, the teenager and his defense, totally or partially dispense with the criminal prosecution; or limited to one or more offences or any or all persons who have participated in the event, when:
| A) | This is a fact that, because of its low severity or the contribution of the partner, makes a measure unnecessary in definitive. |
| B) | The teen has suffered, as a result of the fact, a physical or physical damage. |
ArtAculo 105. (Income and background closure).-Decrees the cessation, if the adolescent was deprived of liberty, his immediate discharge and closure of antecedents will be available.
ArtAculo 106. (Provenance).-Teens who are unable to commit criminal law violations, will be applied, with due process guarantees set for the offenders, the measures of (a) a curative, which shall be completed in appropriate and separate establishments of adults aged 18 years or over. It is for the Directors of such establishments and the technical officers to appoint the Judge to determine their treatment.
ArtAculo 107. (Control).-During the intervention, the measures of comptroller in charge of the Adolescent Judges, established in the artAculo 100.
ArtAculo 108. (Presence of the Judge).-The Judge Letrado of Adolescents will preside over the hearings, under penalty of nullity, which compromises his functional responsibility.
The Ministry of Public Health, the human rights defender and the technical advisers to whom the judge requires opinion are the same. Private defenders who do not attend will be replaced by Ombudsmen.
Without the teen's presence, no audience can be held.
ArtAculo 109. (Audience content).-
| 1) | The preliminary and final hearings, referred to in numerals 2) and 10) of article 76 will be documented with the greatest need in the minutes to be worked out during or after its development. In summary form, the date and place at which it is opened will be entered, describing the facts, the legal classification with express mention of the allegedly violated legal standard and the arguments of the parties, who may request what they consider to be relevant to ensure the accuracy of the summary. The decision of the Judge should include an examination of the points dealt with by the parties. |
| 2) | If requested, the Antegra copies of the final statements, authenticated by the Office, will be delivered to the parties It would act. |
ArtAculo 110. (Access to the file).-The parties and the technical staff appointed during the procedure shall, at all times, have free access to the file, except in exceptional cases, in the judgment of the Judge and Attention to the teen's higher interest.
ArtAculo 111. (Mandatory notifications).-
| 1) | When the teen is held, the Judge will have the fact that the fact is immediately notified by the Police his defender, the PAºblico Ministry and the parents or legal representatives; the same procedure shall be followed with the technical advisors for whom the Judge considers it necessary to convene. |
| 2) | The performances arranged in the audience will have to be notified to those who are present or due to attend the event. |
| 3) | Except in cases indicated by the Judge, notifications will be made in the office. |
| For this purpose, all interested parties who act in the respective procedure, except for the Ministry of Public Health, will be in the office to learn about the performances. |
ArtAculo 112. (Fict notification).-If the notification is delayed by three days after the person concerned is not present, it will be held, without any need for a record in the cars.
If the dAa that the data subject concurs, the action will not be available, the Office would be issued with a record of the effect, if it is requested by the Office ( Article 86 of the General Code of the Process).
ArtAculo 113. (Authorization to be notified).-By simple writing, a third person can be authorized to understand the notifications with it.
ArtAculo 114. (Supplementary RA©gimen).-In all cases not referred to in this Code, the provisions of the General Process Code (items 76 to 90 of Section III).
ArtAculo 115. (CarA cter of deadlines).-
| 1) | All time periods within this CACODE are peremptory and unextendable. In exceptional cases, the Judge may suspend his or her course by founding the measure and its duration. |
| 2) | To regulate your application, you will be bound by the articles 92 to 99 of the General Code of the Process. |
ArtAculo 116. (Repeated infractions).-In cases of repeated violations, the processes shall be processed by the competent Judge of each to the executing judgment, without prejudice to the The unification of the imposed measures, which will be carried out by the Judge Letrado of Adolescents who has understood in the last offence.
The Supreme Court of Justice will regulate the judicial background.
ArtAculo 117. (General Principle).-Provided that the rights recognized to children and adolescents in this Code are threatened or violated, the measures provided for in this Title shall apply.
In the same way, it will apply to children who violate the rights of third parties.
ArtAculo 118. (First Diligence).-The Judge who is aware, by any means, that a child or teenager is in the situation foreseen in the previous article, will take the most urgent measures, should proceed to continue as statuesque the Article 321 of the General Code of the Process.
Unless it is impossible, it shall be declared to the child or adolescent, in the presence of the defender who shall be provided to him in the act and of his parents or persons responsible, if he has them, and shall prescribe the corresponding technical reports.
The Ministry of Public Health should be heard preceptively, who will intervene in favor of the effective respect for the rights and guarantees, recognized to the children and adolescents, should be pronounced within three days.
ArtAculo 119. (Measures).-Measures for parents or managers.
The Judge may impose, in protection of the rights of children or adolescents, for parents or persons responsible, the following measures:
| A) | Call for attention to correct or prevent the threat or violation of children's rights to their care, and require the compliance with the obligations that correspond to the protection of the rights affected. |
| B) | Orientation, support, and partner-family temporary tracking provided by recognized private or public programs. |
| C) | Required to enroll the child or adolescent in an educational or training program or training and observe their assistance or learning. |
| D) | Derivative to a public or private program of protection to the family. |
ArtAculo 120. (Outpatient measures for children and adolescents).-The Judge will have the following measures:
| A) | That the National Institute of the Minor grant protection to their rights through the daytime integral attention system. The same service may be used for specialised private institutes, which will accept it. |
| B) | Request for medical, psychological, or psychiatric outpatient treatment to public or private institutions. |
| The National Minor Institute may directly request or apply these measures, when their intervention has been required. by the child, parents or persons responsible or third parties. |
ArtAculo 121. (Measures in the non-compliance of the child or adolescent).-The Judge may only order the compulsive intervention in the following cases:
| A) | Nià ± o or teen with pathologA psycho. |
| B) | NiA ± o teen who curse acute episodes linked to drug use. |
| C) | A child or adolescent in need of urgent medical treatment to protect from serious risk to your life or health. |
In all cases, there should be a medical prescription. The maximum period of time of the internation shall be thirty days extendable by perAodes of the same duration, measuring the medical indication up to the high of the internation.
The National Institute of the Child may directly apply these measures by means of medical indicators and when their intervention is due to the situation of a child or adolescent who puts their life or the physical integrity of others at imminent risk. persons, of all that the Judge of the Family of Urgency will immediately be given.
ArtAculo 122. (Drug and alcohol addictions).-The Judge may order the acceptance of children and adolescents in specialized residential centers of drug and alcohol addiction, be it in Full-time, outpatient, or semi-outpatient treatment.
Treatment of adolescents will be required for their compliance; in case of children, the consent of their parents or decision-makers will be necessary and will be heard in advance of the child.
In all cases, we should provide an advocate for the child or adolescent, take the declaration unless it is impossible, or precept to the Ministry of the Public, to take the parents or the responsible, and to obtain the technical reports. corresponding.
ArtAculo 123. (Derivatives to permanent attention centers for children and adolescents).-The Judge may arrange for a child or adolescent to be referred to a permanent attention center as a measure of Last resort, when its right to life or physical integrity is seriously threatened.
This measure will not in any case involve any deprivation of liberty and will last for as long as possible, promoting the overcoming of the threat of their rights to favor their egress.
In these establishments, we will try to maintain the family links, according to the article 12 of this code and the incorporation of the child or adolescent to the appropriate educational system, according to his age.
ArtAculo 124. (Comprehensive attention programs).-The State should guarantee all children and adolescents the right to voluntarily access comprehensive care, care and accommodation programs. If the request is made by the parents, the child shall be heard precept, who will be assisted by his/her advocate.
If the request made by the child or adolescent is opposed by his or her parents, without prejudice to the immediate protection of the child or adolescent, the situation will be put in the shortest possible time in the knowledge of the Court of Family of Urgency.
The Judge will resolve the opinion of the child or adolescent. It should be taken into account and the higher interest.
ArtAculo 125. (Family alternative programs).-The Judge may hand over the child or teenager seriously threatened in his or her right to the life or physical or private integrity of his or her family, to the care of a person or marriage selected by the National Institute of the Child, which undertakes to provide it with comprehensive protection.
These children or adolescents should receive guidance and support from the person or marriage, who will be supervised by specialized teams.
ArtAculo 126. (Police Behavior).-When the police authority becomes aware that a child or teenager is in the situation as provided for in the article 117 I say, should I take it immediately to the presence of the competent Judge, who will notify the National Institute of Minor with the utmost urgency.
If it is not possible to take it immediately before the Judge, upon authorization, you should take it to the National Institute of the Minor, who should give it due attention.
ArtAculo 127. (Criminal liability).-If sufficient evidence is configured to assign criminal responsibility to the parents, officials or third parties, the history of the Court of First Instance in the Criminal or the Court of First Instance of the Interior, which corresponds.
ArtAculo 128. (Autos Reserva).-Completed the proceedings for Justice, the cars shall be reserved, without prejudice to the monitoring and control that the intervener considers appropriate to carry out.
ArtAculo 129. (Competition).-The Letrated Judges of the First Instance of the Republic of the Republic shall have the same jurisdiction as that assigned to the Judges of the Family (Article 71 of the href="areuelveref.aspx?Law, 15750/art71/HTM"> Law No. 15,750,24 June 1985).
ArtAculo 130. (Definition).-For the purposes of this title, please note for abuse and abuse of the child or adolescent the following situations, not necessarily taxative: physical abuse, mistreatment psAquic-emotional, child prostitution, pornography, sexual abuse and psAquic abuse or fAsico.
ArtAculo 131. (The complaint).-In the case of written or verbal denunciation of any of the conduct mentioned in the previous article, the receiving authority must communicate the fact of form (f) the competent court. In any case, the guiding principle will be to prevent secondary victimisation.
ArtAculo 132. (Delivery of children and adolescents).-The one who gives a child or adolescent to a person other than the biological family and who or those who receive it, should inform the Family Judge within of the forty-eight hours. The judge will take urgent action to ensure that the necessary protective measures are taken and that the social and psychological report is requested in relation to the possibilities of keeping the child or adolescent in his or her family of origin. If yes, the family support measures that are required to ensure the permanence of this subsidiary will be available. Otherwise, you must proceed as provided in the following article.
ArtAculo 133. (Definitive separation. Procedure).-The separation of a child or adolescent from his/her family of origin, should be decreed by the decision of the competent judge, on the basis of verified information and prior to the advice of specialized technical team. The procedure for decretarding will be regulated by the provisions of the extraordinary process regulated by the General Process Code, and must be designated as an advocate for the child or adolescent, The literal C) of the article 35 of this code is applied, which should be heard if possible. It shall be issued and placed to the parents or persons responsible and to whom, until the delivery referred to in the previous article, have been occupied by the child.
Once the definitive separation is resolved, you should ensure that you are inserted into an appropriate medium, preferring those homes that allow the child to safeguard its affective ties. For such purposes, it is possible to have, among others, third-party tenure (article 36), integration into an institutional home that offers guarantees for its proper development, or adoption. When it is understood by the Headquarters that it is the place of a child in a family for adoption purposes, the National Institute of the Minor or a specialized institution authorized to do so should be involved ( artAculo 158). Where the parents of origin, or the members of that family of origin, give their consent to the effects provided for in this article, the same shall be the same if it has been given in the presence of the Judge, with the necessary advice and knowledge of the consequences that this will entail.
ArtAculo 134. (Invalidity).-The consent that is granted for the separation of the child who is born or within the thirty days of his birth will not be valid.
In case the child is born, the mother does not wish to have it, must communicate to the competent judge, who will proceed as provided by the article 132. Provisionally, the judge will take the measures of the case for protection. The procedure laid down in the preceding article shall not be allowed to start until the time set in the first paragraph of this Article and after the provision of the parent of the child is fulfilled.
ArtAculo 135. (Adopting).-
| 1) | Simple adoption is allowed for everyone over twenty-five years, regardless of their marital status, and whenever they have at least fifteen years later than the adopted one, and would have had the child or teenager in charge for the minimum of a year. |
| 2) | The tutor cannot adopt the child or teen until the account has been judicially approved. |
| 3) | No one can be adopted by more than one person, unless by two-jornixes that have at least one year of marriage and have had the child or teenager in their care for a term not less than an aA ± o. |
| If the marriage was not computed, but there would have been a stable concubinate that culminated in the marriage, will be included for the purposes of tenure, the period of free one. |
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| For well-founded and express reasons, the Court may grant the adoption even if either of the parties or both do not reach the decision. age difference with the adopted or adopted, reducing it to a limit that you reasonably admit that you may be a child of adopters. |
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| None of the cönnyuges can be adopted without the express consent of the other, unless it is prevented from manifesting their will or there is a body separation statement. |
| 4) | The adoption by the new calone or concubine of the parent or parent of the child within the marriage or there was outside the recognized marriage of the other cânnyyuge or concubino. |
| 5) | Realized the adoption, separation or subsequent divorce of the cönnyuges does not exempt them from their obligations to the adopted minor age. |
ArtAculo 136. (Adopted).-
| 1) | Any child or adolescent may be adopted whose consent will be collected in accordance with the rules set out in this Code. |
| 2) | When the adopter is not able to make himself understood in any way, his legal representatives will be given consent. |
| 3) | If this is a child or adolescent subject to parental authority, the consent of who or who is find in their exercise. Otherwise, the consent of those who have had it in charge will be necessary. |
| The consent for the adoption will be given indifferently to the Judge Letrado de Familia of the adopters ' domicile, Personally appearing before here, or through public writing. |
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| Parents who consent to adoption will be suspended in the exercise of parental authority over the child or adolescent, the one who will pass the adopter. In the case of numeral 4) of the previous article, who exercises the parental authority over the child or adolescent adopted by his partner, will continue in his or her exercise. |
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| The procedure will be governed by what is set in the artArticles 346 and 347 of the General Code of the Process. |
ArtAculo 137. (Effects).-
| 1) | The adopted continues to belong to its biological or source family, where it retains all its rights. |
| 2) | In case of interdiction, of judicially proven absence, death of adopter or withdrawal of adoption, during The adopted age group of the adopted, will be given the knowledge to the judge of the actual address of the person, who will have what the most appropriate to the interest of the child or adolescent: he has returned to his family of origin or the delivery to another family substitute. |
| 3) | The adoption only establishes legal relationships between the adopted and the adopter and not between any of them and the family of the other. |
| 4) | The adoption produces the following effects: |
| A) | RecAproc Obligation of respect between adopter and adopter. |
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| B) | Obligation to lend themselves as first forced. |
ArtAculo 138. (Revocation).-
| 1) | The adoption may be revoked for serious reasons. The same may be requested by the adopter as well as by the adopter or whoever represents him, or by the PAºblico Ministry, before the corresponding Family Judge. |
| 2) | The recall will cease for the future the effects of the adoption, which will be communicated to the General Directorate of the Registry Civil State for the relevant purposes. |
| 3) | You will proceed as set in the artArticles 346 and 347 of the General Code of the Process. |
ArtAculo 139. (Judicial procedure).-
| 1) | The application claims, as well as all claims related to them, will be processed before the Court Family lawyer of the adopter's domicile through the voluntary process (articles 402 and following of the General Process Code) with mandatory intervention of the Ministry Public. |
| 2) | The stakeholders referred to by the article 403.2 of the same code are the parents and grandparents of the child or teen, who will be summoned personally or by edicts if their home address is not known. |
| In case of opposition from one of the above, the process will be contentious and the rules of the General Process Code corresponding to the extraordinary process (articles 346 et seq.). |
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| Prior to the pronouncement, admitting or denying the adoption of the intervener, you must ask the National Institute of Minor, an evaluation of the personal conditions of the adopters, their family stability and the circumstances that would permit the foundation of their criteria, to advise the appropriateness or not of the adoption in the case. |
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| The statement that supports adoption will be communicated to the General Directorate of the Civil State Registry, to the Intrend Corresponding municipal and the National Civil Identification Directorate, for the purposes of the relevant note in the departure of the child or adolescent. |
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| In all cases, consideration should be given to the opinion of the adopted child or teenager. |
ArtAculo 140. (Rules of Procedure).-The adoption may also be made by public deed, accepted by the legal representatives of the adopted and by the adopted, if appropriate, You must register within the thirty days counted from your grant, in a special book, that will bring to the effect the General Directorate of the Registry of Civil State, and must be included in addition to the birth certificate.
The omission of the inscription will be sanctioned with fine to the writing authorship of the writing, from 12 UR to 50 UR (twelve to fifty retunable units), to more than not to have effect the adoption until after being registered. Once it has been registered, it will take effect from the date of its granting.
When it comes to the adoption of a child or a teenager, no write-in can authorize the respective writing without prior authorization from the National Institute of the Minor in which the moral suitability and the capacity of the adopters, tested by all means of research that the National Institute of Minor considers necessary.
ArtAculo 141. (Special procedure).-Treat children or adolescents with a different capacity that have the quality of their family, the National Institute of the Less will make a public call to people who wish to adopt them in any of the forms provided for in this Code. The State, through its various services, will ensure the integral attention of these children and adolescents free of charge, which will be maintained regardless of the age of the person.
The Executive Branch will regulate how effective this article will be effective within one hundred and eighty days after the entry into force of this Code.
ArtAculo 142. (Right of access to background).-The adopted one has the right to know his condition of such.
It will be the duty of the adoptive parents to inform you of this, provided that it does not harm you, taking into account your age and characteristics.
If the adopted is greater than fifteen years of age, you may ask the competent Family Judge to display the judicial file or a history of your adoption, founding your intention. The Judge seeking the appropriate advice, after having seen the Ministry of Public Health and appreciating the characteristics, motives of the applicant and the background of the adoption, can access his request, informing him about the identity, situation and whereabouts of your family of origin as soon as this data has emerged from the background, for the purpose of allowing you to contact her if you wish to do so.
The National Institute of Minor will establish a program to support adoptive parents and the adopted in this process of knowledge and eventual outreach to their family of origin.
If the adoptee has more than eighteen years of age, he or she will not be denied access to the respective file or background.
You can enable access to other people in the following cases:
| 1) | When for reasons of medical care it is necessary to know the background of the biological family of the adopted. |
| 2) | When you are doing a judicial investigation of any nature and you need to obtain the information as test element. |
In both cases, judicial decision on the necessity of the measure will be required.
ArtAculo 143. (Output from the paAs).-For the child or adolescent who has been adopted to leave the paAs, authorization of those exercising the parental authority will be required.
ArtAculo 144. (Adopted).-
| 1) | Adoption legitimation is allowed in favor of: |
| A) | Abandoned or abandoned children or adolescents from parent, or state, or children of unknown parents or the child or children recognized by one of the adopters. |
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| B) | The children or adolescents abandoned by one of their legal parents, when requested by the father or mother who has maintained the parental authority, in conjunction with the cainnyuge with whom he contracted new marriage. |
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| The adopted legitimation in this literal will be able to be performed only once, with respect to the child or adolescent. |
| 2) | When adopted legitimization is intended for two or more children or adolescents simultaneously, it will not be an obstacle to the The fact that they measured less than one hundred and eighty days between their births. |
| 3) | In case there are siblings in abandonment situation, they will be proposed to their joint integration into a foster family. |
| In all the cases provided for in this Code, the abandonment condition will be credited only for the executed statement, The procedures set in article 133 and concordant must be followed. |
ArtAculo 145. (Adopting).-They can request adoption legitimization:
| 1) | The levels greater than twenty-five years, with fifteen years more than the child or adolescent and who would have had it under their holds or holds for a term of not less than one year, which computes at least four years of marriage, and may be considered in his case the time of concubinage prior to the same, provided that he has been stable, singular and public, sharing life in common. |
| For well-founded and express reasons, the Tribunal may grant it even if either of the parties or both do not reach such a difference. age with the adopted one reducing it to a limit which it reasonably admits that it can be the son of adopters or, in exceptional cases, and if I do not measure opposition of the Ministry of the Public, even though one or the two cónicyuges do not force greater than twenty-five years of age or not to be completed in the four years of marriage to which refers to the preceding paragraph. |
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| 2) | Widowed or widowed and divorced spouses provided that they mediate the conformity of both and when the child's or the child's tenure or tenure adolescent would have started during the marriage and will be completed after the dissolution of the same. |
| 3) | It is not an obstacle to the adoption of a simple prior adoption by the same petitioning. |
ArtAculo 146. (Procedure).-
| 1) | The adoptive legitimacy should be promoted before the Family Legal Court of the adopter's home. |
| The voluntary procedure provided for in Articles 402 and following of the General Process Code, notifying the National Institute of the Minor. |
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| 2) | In case of opposition to the adoption of the adopted process, the process will be contentious. Will the rules of the General Process Code referring to the extraordinary process (articles 346 et seq.). |
| The Judge will be diligent about the evidence offered and those that you deem appropriate by interrogating the petitioners and the child or teenager if applicable. |
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| 3) | The processing will be reserved for third parties, not in respect of the interested teen or teen who will have the right to access the file and its background when it is eighteen years old. |
| 4) | Prior to the dictation of the statement, the Ministry will be required by the Public Ministry. |
ArtAculo 147. (Source).-The adopted legitimization will be granted for just reasons and there is convenience for the child or adolescent.
When the child or adolescent has rights whose domain is credited to a public or private document, the Judge will have the Actuario insert in the same brief record that he expresses the change of name of the holder, of which he will take note of the Respective record when corresponding.
ArtAculo 148. (Statement)-With the testimony of the executed statement authorizing the adoption, the requesting party will perform the enrollment of the child or adolescent in the Direction General of the Civil State Register as a legal child registered outside the term.
In the corresponding game there will be no mention of the judgment and its text will be the current in that instrument.
The relevant note in the family organization book will also be performed in an identical manner to that of the children in the marriage.
The testimony of the statement will be filed in form, leaving the record of the above mentioned.
All processing and the issue of items will be free of charge.
ArtAculo 149. (Effects).-
| 1) | Realized the adopted legitimization, the previous lineage of the niA ± o or adolescent will expire for all its effects, with the exception of the impediments provided in the Article 91 of the Civil Code. |
| DeberA must be stated on the original child or teen enrollment record. |
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| 2) | The adopted legitimization is irrevocable, even if children of one or both of them are subsequently born. |
| The adoption legitimation will have a constitutive effect on the civil status of the child or adolescent object of the child. repudiate henceforth, with the same rights and duties as if it were born of legitimizing marriage. |
ArtAculo 150. (General Principle).-In the absence of international conventions ratified by the Republic, international adoptions shall be governed by the provisions of this Chapter.
It is considered an international adoption that is carried out by marriages with domicile or habitual residence abroad, with relations with children or adolescents with domicile or habitual residence in the Republic.
ArtAculo 151. (Preference).-The National Minor Institute and other authorities with competence in the field of adoption should give preference to the location of adoptable children or adolescents. in families or households that require them and live within the national territory.
ArtAculo 152. (Requirements).-International adoptions will be constituted with the mandatory intervention of the National Institute of the Child, who once obtained all antecedents will present in the Sixty days a detailed report, also having the required requirements in the articles 133, 145 and 154 of this code.
The non-delivery in time will be for acceptance.
ArtAculo 153. (Residency).-International adoption will have the same effect as the adoption of the adoption, and may access to it any marriage whose marriage is not less than four years.
It will be realized with those paAces whose standards of adoption and protection of children and adolescents have a reasonable equivalence with those of our paAs.
The adopters should reside and live with the child or adolescent in the national territory, even in an altered form, for a period of six months. For reasons founded and taking into account the higher interest of the child, the time limit may be reduced by the competent Judge.
ArtAculo 154. (Required documents).-With the request for adoption, the documentary documentation of the applicants ' family, moral, economic and family conditions should be presented. The reports and documents in this respect should be dealt with through the central authorities of the adopters and the Republic.
ArtAculo 155. (Competition).-The competent authorities for the granting of international adoption shall be the Family Judges of the address of the adoptee, who shall agree to the terms of the judgment extraordinary of the General Code of the Process ( artA# 346). The appeal will be governed by the same rules ( artA"> 347).
Applicants will be required to appear at the preliminary hearing in a personal manner, precept. You should also do so when the Tribunal, in a well-founded manner, deems it appropriate.
The applicant's well-founded impediment to personally attend the hearing will have the Court set another, but in no case will the representation be allowed by proxy.
Until there is no firm judgment, so that the child or teenager can leave the country, you must do so in a company of one of the applicants, counting with judicial authorization, which cannot be granted without mandatory intervention. of the Ministry of Public Health, if the integration of the child is established.
ArtAculo 156. (Annulment trials).-Corresponds to the Family Judges who authorized the adoption, the processing of the cancellation judgments, which will be resolved taking into account the Upper part of the child or adolescent. The limit will be governed by the extraordinary procedure of the General Code of the Process ( articles 346 and 347).
ArtAculo 157. (Nationality).-Nies and adolescents of Eastern nationality adopted by foreign nationals residing abroad maintain their nationality, without prejudice to the acquisition of adopters.
ArtAculo 158. (Control).-The National Minor Institute, through its specialized services, is the body responsible for proposing, executing and supervising the policy of adoptions.
For the development of adoption programs, the National Institute of Minor may authorize the operation of private institutions with legal personality and specialized in the field.
ArtAculo 159. (Tasks of the technical team).-All services and institutions that develop adoption programs should have interdisciplinary technical equipment that will have as their tasks:
| A) | Advising stakeholders to adopt children or adolescents and analyze the reasons for their application. |
| B) | Evaluate the health, psAquics, social, and legal conditions of the applicants and the possibilities of coexistence. |
| C) | Bring a Record of Interested in Adopt, sorted chronologically by the date of the request, in which the report is recorded Technical to which the previous literal refers. |
| D) | Select from that Register strictly respecting the order of enrollment, prospective adoptive parents, upon request formulated by the competent court, in the case of a child or teenager in a position to be adopted. |
| The order can be altered by the needs of the child or adolescent, duly founded. In all cases the child or adolescent should be heard precept. |
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| E) | Orienting and accompanying the family integration process. |
| F) | Advise the Judge as long as your report is required. |
ArtAculo 160. (General Register of Adoptions).-The National Institute of the Minor will take a reserved record where the identifying data will be found for:
| 1) | The child or teenager. |
| 2) | The adopters: name, nationality, address, and national or foreign national or national institution that sponsored it, when corresponds. |
| 3) | Court that the respective process was processed. |
ArtAculo 161. (General Principle).-The status of working adolescents will be regulated in accordance with the rules of this Code, special laws, treaties, conventions and international conventions ratifies by the paAs.
ArtAculo 162. (Age of admission).-Fase in fifteen years the minimum age to be admitted in adolescents working in public or private jobs, in all sectors of economic activity, except for exceptions specially established in the following articles, and those which, taking into account the higher interest of the child or adolescent, grant the National Institute of the Child.
When the National Institute of the Child does not grant them ex officio, the exceptions should be managed by the parents or who accredit the legal guardian and establish as a minimum the name of the legal representative of the child, the nature of the activity and the daily working day.
ArtAculo 163. (Obligation of protection).-For the case that the children or adolescents work, the State is obliged to protect them against all forms of economic exploitation and against the performance of any kind of dangerous work, harmful to your health or to your physical, spiritual, moral or social development.
ProhAbese all work that does not allow you to enjoy well-being in the company of your family or those responsible or hinder your educational training.
ArtAculo 164.-The National Institute of the Minor will establish the list of tasks to be included within the category of hazardous work, or harmful to health or to their physical, spiritual or moral development, which will be strictly prohibited, whatever the age of the person who intends to work or is already in work relationship.
Likewise, the National Institute of the Minor before the presence of the existence of dangerous or harmful working conditions for the health or the physical, spiritual or moral development of the adolescents will request the intervention of the Inspectorate General of Labour and Social Security of the Ministry of Labour and Social Security, which shall be delivered, within a period not exceeding 20 days, on the dangerous or harmful nature of the activity.
ArtAculo 165. (Special situations).-The National Institute of Minor will review the authorizations it has given regarding the employment of children and adolescents between the thirteen and the fifteen years. Only light work, which by its nature or by the conditions in which it is provided, will not be allowed to impair the physical, mental or social development of them, nor do they obstinate their schooling.
ArtAculo 166. (Prevention, education, and information).-The State will promote comprehensive support programs to discourage and phase out the work of these children and adolescents.
Civil society should contest the preventive, educational and information campaigns to be developed to ensure the well-being of the child and adolescent.
Are considered education programs at work, those that, carried out by the National Institute of the Minor or by non-profit institutions, have pedagic demands regarding the personal and social development of the student, who prevail over the productive aspects. As a result, the remuneration received by the student for the work done or for the participation in the sale of products of his work, will not change the educational nature of the relationship.
ArtAculo 167. (enablement).-To work, teenagers should have free access to the National Institute of the Minor, where they should be included:
| A) | Name. |
| B) | Date and place of birth. |
| c) | Home. |
| D) | Consent to work for the teen and his/her responsible. |
| E) | Constancy of the medical exam that declares it fit for the job. |
| F) | Constancy of having completed the required teaching cycle or the level reached. |
If the medical examination is challenged by the person legally responsible for the teen, he/she may be required to perform a new examination.
ArtAculo 168. (Renovation).-Annually, all children under eighteen years of age will be required to undergo medical examination, in order to check if the task they perform is superior to their physical capacity. If so, you should leave the job for another more appropriate time.
The technical division of the National Institute of the Minor may grant authorizations for short periods, for the purposes of requiring the repetition of the medical examination in all cases that are necessary to guarantee a effective monitoring, in relation to the risks presented by the work or health status of the child or adolescent.
The person responsible for the child or teen may challenge the exam and require another.
ArtAculo 169. (Workday).-Teens over fifteen years of age will not be able to work more than six hours a day, equivalent to thirty-six hours a week and enjoy a rest day. weekly, preferably on Sunday. The National Institute of the Minor may exceptionally authorize adolescents between the ages and eighteen years to work eight hours a day, corresponding to two continuous days of rest, preferably one on Sunday, for every five years. Work days, prior to individual evaluation, study of the place and place of work taking into account the higher interest of the year.
ArtAculo 170. (Breaks).-The intermediate break in the working day of the children and adolescents will have a half-hour duration, which should be enjoyed in the middle of the day and will have no more paid. The working day and the rotational times during the school cycle shall not be permitted. In all cases, you should mediate at least twelve hours between the end of the day and the beginning of the next.
ArtAculo 171. (Special Horarios).-The National Minor Institute may grant permits with exceptional cter to adolescents over fifteen years of age to perform at special times, during Safrales or seasonal periods, provided that the activity does not interfere with the educational cycle and that the working conditions are not harmful or dangerous. The rest should be granted in the middle of the working day.
The exception period may be up to a maximum of three months.
ArtAculo 172. (Night work).-Teens will not be able to be employed or work in night time, understanding for the purposes of this CACODE, the period between the twenty-two and the six hours of the following day.
However, the National Institute of Minor may exceptionally authorize it, taking into account its higher interest.
ArtAculo 173. (Taxation and penalties).-The National Institute of the Child shall have authority and responsibility in the audit of compliance with the specific provisions in respect of its powers with regard to the work of minors and penalise the offence to minors, without prejudice to the general comptroller of compliance with the rules by the Ministry of Labour and Social Security.
Companies or individuals who do not comply with the obligations imposed, will be sanctioned by the National Institute of the Minor with a fine of up to 2,000 UR (two thousand readjustable units).
The result of the fines will be sent to the National Institute of Minor.
ArtAculo 174. (Competition).-They will be competent to understand in the violations provided for in the previous article, the Family Judges of the capital, and in the interior of the country the Supreme Court of Justice determine your constitutional superintendence, who will act in accordance with the extraordinary procedure provided in the General Process Code.
you will be preceptively heard by the Ministry.
ArtAculo 175. (Recurribility).-The sentence may be appealed to the respective Family Court, whose decision will be judged.
ArtAculo 176. (Responsibility of the parents or persons responsible).-The parents or persons responsible for the children and adolescents who permit or encourage them to work in violation of the prohibitive rules enshrined in This code, will incur the offense provided by the Criminal Code 279 B..
The infraction, the National Institute of the Minor or any responsible person, will make the complaint to the Judge Letrado in the appropriate criminal case.
ArtAculo 177. (From documentation).-The National Institute of Minor will determine the documents that the employer should have and have at the disposal of the competent authority.
These documents should indicate the name and last name, duly certified birth date, date of entry, task, category, schedule, intermediate and weekly breaks and date of discharge, of all persons under eighteen years of age. employed by him or who work for him.
ArtAculo 178. (Professional or Industrial Peculio).-Every teenager who works will have the right according to the articles 266 and following of the Civil Code, for the exclusive administration of the salary or remuneration that it receives, be paid directly to you, the receipt being given by the employer for such a concept. Any constancy on the receipt or after it that may imply the renunciation of the adolescent to his rights, shall be null.
ArtAculo 179. (Remuneration).-The remuneration of the working teenager shall be governed by the laws, decrees, awards or collective agreements of the corresponding activity.
ArtAculo 180. (Work accidents and occupational diseases).-In the event of accidents at work or occupational diseases of a working teenager, the Ministry of Labour and Social Security and the The National Institute of the Minor will investigate the causes of the same according to the specific competencies of each organism. In addition, it will be verified whether or not the age of the child is to be found on the site where his or her presence is prohibited, in which case it will be considered as a serious fault of the employer, with the consequences foreseen by the employer. artAculo 7Aº de la Law No. 16,074of 10 October 1989.
The employer may be exempted from this responsibility if it proves to be true that the young person was circumstantially on the spot and without knowledge of the person entitled to allow him access.
ArtAculo 181. (Vulneration of rights to its incitation).-The exhibition or public issue of images, messages or objects cannot violate the rights of children and adolescents, the principles recognized in the and laws, or incite violent, criminal, discriminatory or pornographic attitudes or conduct.
ArtAculo 182. (Radio or television programs).-Radio and television programs in the time slots that can be heard by children and adolescents, should favor educational objectives These means of communication make it possible to develop and strengthen human values and the principles of the democratic state of law. It should be avoided, in the above slots, the exhibition of pellets that promote violent, criminal, discriminatory or pornographic attitudes or conduct, or promote social services.
ArtAculo 183. (Guiding Principles).-In order to protect the rights of children and adolescents, in terms of advertising developed and disseminated throughout the national territory, the following principles:
| A) | Advertising ads should not incite violence, commission of criminal acts or any form of discrimination. |
| B) | Product capabilities should be displayed in an understandable way that matches the reality. |
ArtAculo 184. (Participation of children and adolescents).-ProhAbese the participation of children and adolescents in advertisements promoting alcoholic beverages, cigarettes or any product harmful to your physical or mental health.
ArtAculo 185. (Advertising messages).-ProhAbese the participation of children and adolescents in advertising messages that attack their dignity or physical, psychological or social integrity.
ArtAculo 186. (Preservation of corruption).-ProhAbese the concurrency of persons under eighteen years old to casinos, prostAbulos and the like, whiskerAas and nightclubs, regardless of their Name.
The National Institute of the Minor will regulate the concurrency of adolescents to local dance, show public relations of any nature, high-rotativity hotels and related.
It is also for the National Institute of the Minor to regulate the attendance of children and adolescents to be present in any nature.
ArtAculo 187. (Prohibition of providing).-ProhAbese the sale, provision, lease or distribution to persons under eighteen years of age:
| 1) | Weapons, ammunition, and explosives. |
| 2) | alcoholic beverages. |
| 3) | Tabacos, rmacos, glues, or other substances that may pose a danger or create physical or physical dependency. |
| 4) | Overviews, publications, video cassettes, compact discs, or other forms of communication that violate the rules set in the articles 181 to 183 of this code. |
ArtAculo 188. (Fiscalization).-
| 1) | The audit of what is set out in articles 181 to 187 of this Code, will be the faculty of the Institute National of Minor. |
| 2) | Companies or individuals who do not comply with the obligations imposed in Articles 181 to 187 of this Code shall be In the case of a fine, in the case of a judge, between 50 UR (50 readjustable units) and 200 UR (two hundred retunable units), the cases are recorded. In cases of recidivism, the above amounts may be doubled. The fines will be collected by the National Institute of Minor. |
| The child or teenager found in risk situation will be driven and delivered by the Judge to the parents, guardian or manager. The Judge will warn you personally and under his most serious responsibility for the situation. If they have failed to fulfil any of the duties set out in the article 16 of this Code, the child or teenager will be handed over to the National Institute of Minor. |
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| The National Institute of the Child may ask the competent judge for the closure, for twenty-four hours at ten days, from the establishment in violation. |
ArtAculo 189. (Competition).-The competent Judges of the Family in Montevideo, and the Judges with criminal jurisdiction within the country, who will act in accordance with the procedure, will be competent. expected by the General Process Code.
you will be preceptively heard by the Ministry.
ArtAculo 190. (Recurribility).-The sentence may be appealed to the respective Family Appeals Court, whose decision will be judged.
ArtAculo 191. (Compares ± aa of parents or responsables).-The children and adolescents do not need authorization to travel when they leave the paAs accompanied by those who exercise parental authority.
ArtAculo 192. (Use of the enabled-pass).-They also do not need authorization when traveling in passport possession authorized by those who exercise the parental or age-enabled homeland.
ArtAculo 193. (Authorizations).-NiAs and adolescents traveling alone or on a third party outside of the paAs need consent from both parents or the legal representative in their case.
In case of parental separation or divorce, the authorization of both parents will be required.
In the cases above, if there is a conflict of consent between the licensors of the same, it will resolve the Family Judge who will fix the details of the foreign policy.
The tres of the incidental process will be followed by the General of the Process, being required by the Ministry of Public the respective hearing to which the latter may be held.
The challenge to the judgment of the Court of First Instance shall not have suspensory effect, and the Court of First Instance shall issue a statement of the judgment without further notice, immediately of the hearing. corresponding.
ArtAculo 194. (Adopted).-The children and adolescents adopted by foreign marriages need the authorization of the Family Judge, even if they travel with their parents, which will be dealt with. the rules of the voluntary process ( items 402 and following the General Process Code).
ArtAculo 195. (Amparo Action).-The action of protection for the protection of the rights of children and adolescents will be governed by the Law No. 16,011of 19 December 1988, and the following provisions.
It may also be deduced by the Ministry of Public Health, any interested party or the institutions or associations of social interests that the law, or in the judgment of the Court, guarantee a proper defense of the rights committed.
In all cases, except that there is a pending court process, assuming, unless proof to the contrary, that the other legal means of protection are ineffective.
Should be promoted within thirty days from the date the act occurred, made or omitted against which it is used.
The competent family judges will be responsible for the matter.
ArtAculo 196. (diffuse interests).-Amend to the defense of the rights of the children and adolescents the forecasts of the artA"> Article 42 of the General Process Code.
ArtAculo 197. (General Principle).-The actions of the investigation of paternity or maternity shall be governed exclusively by the provisions contained in this Chapter.
Declared paternity or maternity shall ensure that all rights corresponding to natural parentage, in particular the hereditary rights inherent in it, are guaranteed to the child and adolescents, as well as the food necessary for their development and welfare and the right to take the surnames of those declared as their parents.
ArtAculo 198. (Actionants).-You can start the action:
| 1) | The child, up to twenty-five years old. During the minor age, only the mother, father, or legal representative may be deducted from the action. |
| 2) | The parent or parent, since the pregnancy is observed, until the child is eighteen years old. |
| If the parent is a minor, the "ad litem" curator will be named. |
|
| If the parent or minor mother is admitted to the National Institute of the Child, you should ask the Judge Family lawyer, appointment of "ad litem" curator. |
|
| 3) | The National Institute of the Child, on its own initiative, when it becomes aware that the child has been enrolled as a child of parents unknown, or who enters the establishment a child or adolescent without parental or maternal parentage, or when a child or adolescent requests it. |
| For the purposes of this action, the Officers of the General Directorate of the Civil State Registry shall, in the first case, give an account. of that inscription. |
|
| The National Institute of Minor will require a semi-annual report of these situations from the respective offices. |
|
| 4) | When the alleged child or his legal representative is working together with the paternity or maternity research action The act of inheritance, the Actuary, under its most serious functional responsibility, will communicate it within fifteen days to the corresponding record for its inscription that will produce the effects enunciated in the Article 685 Civil Code. If among the defendants there are testamentary heirs, or calls to inheritance by the article 1025 of the Civil Code, or cónynyuge with the right to gancials or conjugal porcionation, any They may be able to obtain that the interdiction is limited to a good or lot of hereditary goods whose value covers the legAtima of the actor, the one who only on that good or lot can pursue the payment of his hereditary when he is recognized affiliation and without prejudice to the personal action that corresponds to the return of fruits. |
ArtAculo 199. (Site).-In the cases provided for in Article 198 (3), the National Institute of Minor shall initiate court proceedings before the competent Family Judge, so that Place the alleged parent or the alleged mother of the child or adolescent with known address.
If the address is not known, it will be placed by edicts, as set by the General Process Code.
ArtAculo 200. (Action of the alleged parent or the alleged mother).-If the alleged parent or the alleged mother appears within the term and expresses a willingness to initiate the investigation, it will do so. adjust to the procedure set by this Chapter.
ArtAculo 201. (Failure to appear).-If cited for the second time and under warning, the alleged parent or the alleged mother does not appear in cars, the competent Judge will put this circumstance to the attention of the Ministry PAºblico who can propose two or more people to choose the "ad litem" curator of the child, who will establish and continue the action.
The citations provided for in the previous paragraph will be ten days.
ArtAculo 202. (Legal administrator).-The National Minor Institute will be the legal administrator of the food penalty that is obtained as a result of the action, while at the same time being responsible for the well-being, health, and education of the child or adolescent hospitalized in their dependencies.
ArtAculo 203. (Procedures).-The pretensions concerning the questions of the investigation of paternity or maternity referred to in this Chapter shall be dealt with by the ordinary procedure. expected in the General Process Code.
ArtAculo 204. (Test Support).-In this class of trials, all test classes are eligible. The non-collaboration for your diligent without justified cause will be held as a simple prescience against you.
The exception of bad behavior does not have a peremptory effectiveness.
You will have to be required by the Ministry.
ArtAculo 205. (Maniworks artificiosas).-When the complaint concerning paternity or maternity results in the use of artificial maneuvers, the antecedents will be passed to the Court of First Instance in the Criminal of Turno on the date that was invoked the enga ± o.
ArtAculo 206. (Competition).-Is a competent judge to know in the trials of loss, limitation, suspension or rehabilitation of the parental authority, in the cases provided for in the href="areuelveref.aspx?CODOS,code vil/2002//art285/HTM/'/htmlstat/pl/codes/code/code/2002/cod_civil.htm#art285' " title="CA-code in force for this document"> items 285, 286, 295 and 296 of the Civil Code, even if the parental authority is exercised in accordance with the href="areuelveref.aspx?CODOS.code/2002//art177/HTM/'/htmlstat/pl/codes/code/code/2002/cod_civil.htm#art177' "title="CAMTO present to this document," Article 177 of the same CACODE, the Judge Letrado de Familia in Montevideo and the Judges Departmental address of the parents, and where the address is not known, that of the residence of the child or adolescent.
ArtAculo 207. (Liability of the Ministry of Public Health).-The application must be deducted by the Ministry of Public Health whenever it becomes aware of any of the facts that may give rise to the loss, limitation or suspension of parental authority.
When the Family Judge receives any information that advises the separation of a child or adolescent from his/her family of origin, prior to technical advice, he/she should give an account to the Ministry of Public Health in order to determine if he/she exercises the conferred on the preceding paragraph.
In all cases, you should apply the provisions in the C) of the article 35 of this code.
The provisions in this article do not alter the possibility of deducting the claim by those who also have active legitimacy ( Article 289 of the Civil Code).
ArtAculo 208. (Procedure).-The pretenses that concern the questions of limitation, loss, suspension or rehabilitation of the parental authority, will be dealt with by the extraordinary process provided in the General Code of the Process (numeral 3) of the artAculo 349, and artE"> 346, 347 and 350).
ArtAculo 209. (Administrative of the goods).-The Family Judge or the Departmental Legal Judges, when they consider it appropriate, may give the administration of the goods of the Adolescent to bank institutions of notorious responsibility.
ArtAculo 210. (Reservation).-The scenarios in the items 285, 286, 295 and 296 of the Civil Code.
However, the Tribunal may decide to advertise the process whenever the parties consent to it (article 8Aº of the Law No. 16,699of 25 April 1995).
ArtAculo 211. -The National Advisory Council on the Honorary and Adolescent Rights of the Child and Adolescent will be included with two representatives of the Executive Branch-one of which will preside over it-one of the National Institute of the Minor, one of the Judicial, one of the National Administration of Public Education, one of the Congress of Intendres, one of the Institute of Order "Luis Morquio", one of the Bar Association and two of the non-governmental organizations of promotion and attention to the niA ± ez and adolescence.
In case of a tie, the President will have a double vote.
The representation of the Executive Branch will coordinate directly with the Ministries of Sport and Youth, Labor and Social Security, Education and Culture, Public Health and Interior.
ArtAculo 212. (Integration).-The representatives of the public bodies should be officials of the highest hierarchical bodies.
Representatives of non-governmental organizations will be appointed by the National Association of Non-Governmental Organizations (ANONG).
ArtAculo 213. (Special calls).-The Council may convene extraordinary consultative sessions with representatives of the ministries and public bodies. You can also call representatives of non-governmental organizations and private organizations for promotion and attention to the children and adolescents.
ArtAculo 214. (Competition).-The Council that is created, will have competence at the national level. Their purposes will be:
| 1) | Promote the coordination and integration of the sectorial policies of attention to the niA ± ez and adolescence, designed by part of the different public entities linked to the topic. |
|
| 2) | Develop an annual document that contemplates what is set in the previous numeral. |
|
| 3) | Being a preceptively oAdo in the elaboration of the report that the State must raise to the Committee on the Rights of the NiA United Nations (artAculo 44 de la , the 4) | To express, at the express requirement, the budget laws, account performance, and other rules and programs that they have relation with the niA ± ez and adolescence. |
ArtAculo 215. (Resources).-The Ministry of Education and Culture will allocate the resources necessary for its operation and provide the infrastructure for the meetings of the Council.
ArtAculo 216. (attributions).-The Council may create departmental or Regional Commissions, regulating their integration and operation.
Such a regulation may be made in such a way that the members and powers of the Commissions provided for in Article 37 of the Law No. 16,707of 12 July 1995.
ArtAculo 217. (Operation).-The Council will dictate its internal operating rules within the period of sixty days from its installation.
ArtAculo 218. (Data system).-The National Minor Institute should develop the National Information System on NiA ± ez and Adolescence, which should include data on the child or adolescent to his position and the institutions that serve him.
ArtAculo 219. (Follow-up).-The National Information System on Nià ± ez and Adolescence should generate data that will allow adequate monitoring of the attention of the child or adolescent and of the evolution of the same, as how to generate the information needed for the formulation of the polytics of nià ± ez and adolescence.
ArtAculo 220. (Collaboration).-
| 1) | The different Powers and repartitions of the State, private institutions and non-governmental organizations should contribute to the Data and information relevant to the National Information System on Nià ± ez and Adolescence, without prejudice to the autonomous and specific competence of each public or private institution. |
| 2) | The Supreme Court of Justice, through its competent bodies, will develop a system of information on children and adolescents cared for by the judiciary of adolescents and families. |
| The data handled by this Judicial System of Information will have equal treatment and treatment as set by the Articles 221 and 222 of this Code. |
ArtAculo 221. (Reserva).-The National Institute of the Minor will be the custodian of the information contained in the National Information System on NiA ± ez and Adolescence, so it should guarantee the reserved and confidential use of the data for each child or adolescent, in accordance with their superior interest and in compliance with the right to privacy of their personal history, as the sole owner of the same.
ArtAculo 222. (Limitations).-The information regarding children and adolescents cannot be used as a database for tracing them, once the age of the age is reached.
The judicial and administrative antecedents of children or adolescents who have been in conflict with the law should be destroyed immediately upon compliance with the eighteen years or the cessation of the measure.
ArtAculo 223. (New name).-As of the promulgation of this Code, the National Institute of the Minor (INAME) will be called "Instituto del Nià ± o y Adolescente del Uruguay" (INAU), maintaining its decentralised service cter to all its effects and competences.
From the official publication of this code, the name of the Institute of the NiA and Adolescent of Uruguay (INAU) will be included in the text.
ArtAculo 224.-Derse the Law No. 9,342, of 6 April 1934 (Code of the NiA ± o), its modifications and all legal provisions that oppose this Code.
Room of Sessions of the CA of Senators, in Montevideo, on August 26, 2004.
CA-mplase, acorsese recibo, comunAquese, publáquese e insáltese en el Registro Nacional de Leias y Decretos.
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 Montevideo, Uruguay. Legislative Power. |
