The Law 12594, sanctioned on 18 January 2012, established the National Social-educative Service (SINASE) nationwide
and regulated the execution of social-educative measures geared to adolescents caught in offence. This law seeks to unify
procedures for the implementation of the social-educative measures by the Judiciary and assigns it a new role, namely that
of following up compliance with the social-educative measures through homologation and analysis of reports on the Plan
for Individual Assistance to Adolescents (PIA). The System also introduces innovations in the management mechanisms and
expands the range of financing sources; it defines the competence of the different government levels; establishes an
evaluation system, among other provisions, to improve management standards; and introduces and makes explicit a series
of adolescent rights covered by social-educative measures. The SINASE Law ensures individualized attention; includes
specific chapters on health care and training for working; prohibits isolation, and regulates disciplinary regimes; and
attaches value to the families’ participation in the social-educative and social reintegration process, among other
improvements .
33.The described legal framework resulted from intensive mobilization of society and from initiatives by the Brazilian Government
that, in the last decades, has discussed these matters, proposed measures and endeavored to ensure the rights of adolescents
confronting the Justice System. This historical and normative background is essential for ensuring that the evaluation by the agencies
of the United Nations Human Rights System reflects Brazilian reality as well as international references. These documents incorporate
values endorsed by the Brazilian State, and are certainly aligned with internationally accepted principles, concepts and standards.
34.Given the federal structure that characterizes the political organization of the Brazilian State, mention should be made of the
Federal Government’s role in setting norms, supporting actions and defining minimum standards for the policy of attention to
adolescents in conflict with the law. However, the autonomy of the states in the conduction of this policy explains their unequal
performance concerning the network in place, the investment made, the policy established and the quality of attention. Moreover, the
management of the measures of restriction and deprivation of liberty is subordinated to different agencies at state level: in 11 states,
the policy is coordinated by social welfare agencies; in eight states, by the Judiciary; in three states, by human rights agencies; and in
three states, by structures appropriate to children and adolescents and others.
35.Additionally, given the involvement of adolescents in infringement of the law, mention must be made of the Brazilian Government
efforts to develop programmes to prevent violence. Basic sectorial policies such as education, health, social welfare, among others,
form the foundation for guaranteeing the fundamental rights of children and adolescents through the establishment of state and
municipal Protection Networks. In this connection, the integrated federal programmes to reduce vulnerabilities should be highlighted,
such as the “Brazil without Poverty” and the “Crack can be beaten” programmes, which can potentially prevent adolescents from
being included in the social-educative system.
36.Lastly, it should be made clear that the social-educative system in Brazil does not apply to children, only to adolescents (aged 1217) and young people who might remain in institutions where they are deprived of liberty until age 21. Therefore, there are no
institutions for depriving children of liberty, there are only for adolescents.
B.General data
37.The Government´s statistical figures for the Brazilian Social-educative System in 2010 give an idea of the challenge faced by the
country. There are 17,703 adolescents under the social-educative system, 12,041 of whom are under the internment regime; 3,934
are temporarily interned; and 1,728 are under semi-open programmes. The facilities network consists of 435 units in the 27 states,
124 of which are reserved for internment; 55 for temporary internment; 110 to work-release programmes; 16 to first attention; and
130 mixed units that provide more than one type of attention. Great part of these units was built prior to SINASE and must be
aligned with the standards contemplated by the System. Between 2003 and 2011, the Federal Government supported 82
construction works in the 27 states, at a cost of approximately R$209 million.
38.It should be highlighted than only in 2010 R$55,242,000.29 from the budget allocations for the Secretariat for Human Rights and
the National Fund for Children and Adolescents were channeled to SINASE for building social-educative units, professional training,
studies and research, the strengthening of services and networks, support to technical defense and to legal and social protection of
adolescents. In addition, R$48,401,664.00 from the budget of the Ministry for Social Development and Fight against Hunger were
spent in support of 902 municipal social-educative programmes under semi-open regime, apart from other budget allocations
channeled to sectorial health, education, and public security policies that also apply to SINASE.
39.Worthy of note is the significant progress achieved under the social-educative system in the last ten years, such as the reduction of
adolescent internment’s growth rate. In 2010, for each adolescent deprived of liberty or whose liberty was restricted, there were two
under the semi-open regime. On the average, for every 10,000 adolescents aged 12-17, there were 8.8 deprived of liberty or had
their liberty restricted. The states with the highest growth rate and growth rate reduction are listed as follows.
Internment
Rate
PA, TO, AL, BA, CE, PE, PI, SE,
growth DF, GO, MS, RJ, SP, PR, SC
Rate
AC, AP, AM, RO, RR, MA, PB,
reduction RN, MT, ES, MG, RS
Temporary Internment
Semi-detention
AP, AM, PA, TO, AL, BA, CE, MA, PB,
DF, MT, ES, MG, RJ, SP, PR,
AC, RR, PE, PI, RN, SE, GO, MS, SC,
RS
AC, AP, TO, BA, CE, PB, PE, RN,
SE, DF, GO, ES, RJ, SP, RS
AM, PA, RR, AL, MA, PI, MS, MG,
PR, SC
40.The survey also showed that 11 states already have units for comprehensive initial attention, which involves coordination among
the courts, public attorneys, specialized precincts, public defenders, and social-educative teams, particularly at the time the adolescent
is brought under the system. This helps the adoption of alternative measures and a better monitoring of the reincorporation of the
adolescent into society.
41.Lastly, it should be also pointed out that decentralization of the units is contemplated under ECA and the SINASE Law 12594 of