THE ROLE OF THE GUARDIANSHIP COUNCIL: AN ANALYSIS OF THE CHALLENGES AND AUTONOMY OF THE GUARDIANSHIP COUNCIL AS A BODY GUARANTEEING THE RIGHTS PROVIDED FOR IN THE CHILD AND ADOLESCENT STATUTE (ECA)

Abstract

This study addresses the role of the Guardianship Council within the context of the Child and Adolescent Rights Guarantee System, emphasizing the analysis of its political-administrative autonomy and the challenges that permeate its practical performance. Established by the Child and Adolescent Statute (ECA), the Guardianship Council is conceived as a permanent, autonomous, and non-jurisdictional body responsible for ensuring the fulfillment of children's and adolescents' rights. However, the effectiveness of its performance is conditioned by several structural, operational, and political factors that directly impact its autonomy and capacity for intervention. In this context, the objective of this study was to analyze the relationship between the political-administrative autonomy of the Guardianship Council and the practical and structural challenges faced by this body, in order to verify how this dynamic influences the effectiveness of its function as a guarantor of the rights foreseen in the Child and Adolescent Statute. Methodologically, a qualitative approach was adopted, of an exploratory and descriptive nature, based on bibliographic and documentary research, analyzing legislation, institutional guidelines, and recent academic productions on the subject. The results showed that, although the autonomy of the Tutelary Council is guaranteed in the normative plan, its implementation is frequently limited by factors such as insufficient resources, fragility in the articulation of the protection network, overload of demands, and political-administrative interference. It is concluded that the effectiveness of the Tutelary Council depends not only on its legal autonomy, but also on institutional strengthening, the expansion of integrated public policies, and the guarantee of adequate structural conditions for the full exercise of its duties.