2009
2010
Total
59,240,000,00 53,906,741.00 8,250,000.00 5,847,227.24 67,490,000.00 59,753,968.54
55,851,805,00 53,678,687.27 9,206,351.00 1,563,313.02 65,058,156.00 55,242,000.29
193,457,248,00 167,278,399.92 93,822,955.00 62,877,518.57 287,280,203.00 230,155,918.49
132.To support the expansion and upgrading of the physical network, the Annual Budgetary Plan 2012/2015 (Plano Pluri-Anual PPA) now fosters the establishment of nuclei for comprehensive initial care of adolescents in the capitals and regions of greater
concentration, by implementing the operational integration of Courts, Public Prosecutor’s Offices, Public Defenders Offices, state
security agencies, and social-educative teams. This includes financing for building and remodeling facilities. PPA 2012/2015 also calls
for the building of new units to make possible the deactivation of 20 units considered inadequate according to surveys done by State
management agencies and based on Public Prosecutor’s Office data. These investments purport to ensure basic living conditions
along the entire social-educative physical network. The table below shows the amount of investment scheduled for 2012-2015.
YEAR
SDH/PR
National Child and Adolescent Fund
TOTAL
2012
2013
2014
2015
TOTAL
5,965,000
13,000,000
13,000,000
13,000,000
44,965,000
5,554,060
8,269,723
8,269,723
8,269,723
30,363,229
11,519,060
21,269,723
21,269,723
21,269,723
75,328,229
133.One example of the effort to improve the units’ conditions is the Padre Severino Unit, which was visited by the STP, where
remodeling and expansion work should be completed by December 2012. It will have modules for the care of 90 adolescents
according to SINASE standards, including accommodations for adolescents with physical impairments. In addition, between 2003
and 2011 the Federal Government spent R$14 million under six agreements with that state for the building of two new units and
expanding and remodeling four other.
134.It is also worth noting the National Council of Justice’s action in regard of care and of incentive to the improvement of the socialeducative system. On 26 May 2009, it published its resolution no. 77, which obligates Judiciary authorities to undertake periodical
inspection visits to social-educative units. The Justice for Young People Program encompassed inspection visits to all internment units
in the country in 2011 and 2012, undertaken by judges appointed by the National Council of Justice. The data gathered then have
been consolidated in the document titled “National Overview of the Execution of Social-educative Internment Measures,”
which mapped the profile of interned adolescents and the geographic distribution and conditions of the social-educative internment
establishments, as well as of the Juvenile Courts. The CNJ, in partnership with the National Applied Economics Research Institute
(IPEA), has recently undertaken a survey on “Juvenile Justice – Current situation and improvement criteria” to learn about the
situation of children and young people. CNJ recommendations to the Courts of Justice point out, among other things, the need for the
Courts’ specialization and regionalization, as well as for expansion of the Judiciary’s technical teams.
135.The dynamics of SINASE’s inter-sectorial coordination has also made significant progress in the integration of public policies on
education, health, social welfare, and public security. As a specific result of this synergy, one should note the publication of Interministerial Administrative Rule no. 1426 of 14 July 2004 and of the Ministry of Health’s Administrative Rule no. 647 of 11
November 2008, which regulate comprehensive health care for adolescents in social-educative units. These administrative rules are
currently undergoing revision in view of increased transfers of financial resources to units, so that they may promote health and engage
mobile mental health teams to care for adolescents deprived of liberty. In conformity with these administrative rules and with the
backing of the Ministry of Health, the state and municipal health departments are entering operation plan agreements to ensure the
requisite supporting structures for providing health care in internment units, including sanitary surveillance procedures. Currently,
seven states have operation plans eligible for receiving funds for promoting health in the units: Acre, Federal District, Goiás, Minas
Gerais, Pernambuco, Piauí, and Rio Grande do Sul. The states of Alagoas, Ceará, Pará, and São Paulo are about to enter such
agreements.
136.In respect of access to education, the Brazilian State has endeavoured to expand the provision of vocational training, to set
schooling guidelines, and to extend educational programmes to social-educative units. The SINASE Law signalled the Federal
Government’s commitment to financing and priority access to qualification programmes by adolescents serving social-educative
measures. This initiative will make possible the offer of vocational training in the country’s social-educative units to those deprived of
their liberty. PPA 2012-2005 also calls for other actions in partnership with the Ministry of Education, such as the definition of
schooling standards for schools located in internment units, the regularization of these schools under the formal educational system,
and the implementation of educational programmes in the social-educative system’s school network.
137.Brazil is also committed to the application of the internment measure only as a last resort. In addition to insisting on the brevity of
measures, especially of internment, article 35, II of the SINASE Law provides for “the exceptionality of judicial intervention and
imposition of measures, which favour the emergence of conflicts;” III provides for “priority of the practice or measures that are
restorative and that whenever possible meet the victims’ needs;” and VII calls for “minimum intervention, limited to what is necessary
for achieving the measure’s objective;” article 42 establishes six months as the maximum deadline for re-evaluating the measure; and
article 43 establishes that re-evaluation of the measure’s maintenance, substitution, or suspension may be requested at any time by the
director of the social-educative programme, the Public Prosecutor’s Office, the adolescent, and the adolescent’s parents or
custodians. The new law also makes it mandatory for the biennial evaluation already called for under Statute of the Child and the
Adolescent (ECA) to be based on targets agreed by consensus by the technical team, the adolescent and the adolescent’s parents,
under an Individual Care Plan-PIA to be judicially homologated.
138.A strategy that has been quite successful in avoiding internment is the incentive for the strengthening of Networks and Courts.
Since 2008 the Federal Government encourages the creation of and supports the maintenance of a National Juvenile Court
(FONAJUV) consisting of representatives from the States’ Courts of Justice and from the three main national judges, prosecutors,
and defenders associations. This Court has abided by a conceptual and practical alignment in the enforcement of the law so as to
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