CHILDREN'S AND ADOLESCENTS' RIGHTS: A COMPARATIVE STUDY BETWEEN BRAZIL AND PORTUGAL AND ITS CHALLENGES

Abstract

The comprehensive protection of children and adolescents constitutes one of the fundamental pillars of contemporary democratic societies and is recognized as an absolute priority by various international regulatory frameworks, such as the Convention on the Rights of the Child (1989), approved by the United Nations General Assembly. This recognition imposes on States the obligation to guarantee full conditions for the physical, emotional, social, and intellectual development of children and adolescents, safeguarding their dignity, progressive autonomy, and right to participate in all aspects of social life.

Under domestic law, both Brazil and Portugal have made significant legal commitments to consolidate specific regulatory systems for the promotion and protection of children's and adolescents' rights. In Brazil, the 1988 Federal Constitution and the 1990 Child and Adolescent Statute (ECA) marked a break with the repressive and protective logic of the Irregular Situation Doctrine, establishing the Comprehensive Protection Doctrine. In Portugal, the 1976 Constitution of the Republic and the subsequent enactment of the Law for the Protection of Children and Youth in Danger (Law No. 147/99), as well as the Educational Guardianship Law (Law No. 166/99), demonstrate significant progress in the institutionalization of guarantees related to children and youth, in line with the values ​​of the Democratic Rule of Law.

Despite the existence of robust legislation, significant challenges remain related to the concrete implementation of these rights, especially in contexts of social inequality, budgetary constraints, fragmented institutional practices, and the persistence of a culture of structural violence. A comparative analysis of the legal and institutional systems of Brazil and Portugal allows us not only to identify similarities and particularities, but also to reflect on good practices and shared vulnerabilities, contributing to the improvement of public policies in both contexts.

In this sense, this dissertation aims to comparatively analyze the child and adolescent protection legislation in force in Brazil and Portugal, highlighting their main normative provisions, enforcement mechanisms, effectiveness indicators, and obstacles encountered in practice. It also seeks to formulate specific concrete recommendations for strengthening protection networks, training professionals involved, and raising social awareness, with a view to promoting a culture of respect for the rights of children and adolescents.

The choice of the comparative method is justified by the possibility of enriching the academic and political debate on the topic, fostering a dialogue between two legal systems that, although they share origins in the Roman-Germanic tradition, present distinct sociopolitical contexts. By offering a critical and proactive approach, this research aims to contribute to the development of more effective, equitable, and consistent public policies that align with the universal principles of human rights for children and youth.

1.1 OBJECTIVES

1.1.1 General Objective

Comparatively analyze child and adolescent protection legislation in Brazil and Portugal, identifying similarities, differences, and challenges, and proposing measures to improve public policies.

1.1.2 Specific Objectives

Conduct a comparative study of the main legal provisions for child and adolescent protection in both countries, highlighting the ECA (State Child Protection Act), the Joint Custody Law, the Menino Bernardo Law, the 1988 Federal Constitution (Brazil), the Law for the Protection of Children and Youth in Danger, the Educational Guardianship Law, the Portuguese Civil Code, and the 1976 Constitution of the Portuguese Republic.
Analyze the effectiveness of legislation implementation in both countries, considering available indicators and adopted practices. Identify the main challenges faced in law enforcement, such as lack of resources, a culture of violence, the complexity of cases, and coordination among the various stakeholders.
Propose recommendations for improving public policies for the protection of children and adolescents in both countries, considering the specificities of each legal system.