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prisons. Members of the Community Councils are said to have been prevented from entering
prisons and to have been subjected to harassment by uncooperative prison authorities. In the
State of São Paulo, according to Decree No. 17 of 29 June 2000, non-governmental
organizations in charge of children’s rights have to request authorization at least five days in
advance from the President of FEBEM to enter its units.
130. Finally, the Special Rapporteur takes note of the following recommendation made by the
Commission on Human Rights of the Chamber of Deputies, which calls for the federal
Government to make the release of funds from the Penitentiary Fund and the National Security
Fund subject to certain conditions, including an end to body searches of visitors, guarantee of the
right to conjugal visits, respect for certain minimum standards of detention, preparation of a
timetable concerning the transferring of all sentenced prisoners detained in police precincts, and
the presentation of a timetable to guarantee legal assistance to all prisoners.
F. Juvenile offenders
131. In cases of “infractions”57 committed by adolescents or children,58 the Statute of the
Rights of the Child and Adolescents (Estatuto da Criança e do Adolescentes, ECA - Law
No. 8069 of 13 July 1990) provides for measures ranging from admonition, obligation to repair
the damage, community service,59 assisted freedom60 and semi-liberty61 to internment in an
educational institution, or measures of assistance to the family, or others as defined in article 101
of ECA.62 Article 122 of the ECA provides that internment may only be applied where the
infraction was committed “by means of a grave threat or violence to a person” or where the case
involves repetition of other grave infractions, as well as where the case involves “reiterated and
unjustified non-compliance with the previously imposed measures”, in which case it may only be
imposed for a period of three months. The maximum period of internment must not exceed three
years, after which the adolescent should be released or placed in a system of semi-liberty or
assisted liberty. The maintenance of the measure of internment should be re-evaluated every six
months. Upon the age of 21, release is compulsory.63
132. Pursuant to article 106, “(n)o adolescent will be deprived of his freedom unless arrested
in flagrante delicto or by written and well-founded order of the proper judicial authority”. The
proper judicial authority, his/her parents or any other person indicated by a juvenile suspect shall
be immediately notified of the arrest and the place where the minor is held.64 Pursuant to
article 108 of the ECA, children and adolescents can be provisionally held before being
sentenced for a maximum period of 45 days. Pursuant to article 141 (1) of the ECA, juvenile
suspects must have access to the Office of the Public Defender, the Office of the Attorney
General and the Judicial Branch, and free legal assistance is rendered to those in need of it
through the public defender or a designated lawyer.65
133. According to public prosecutors for children and adolescents of São Paulo, a minor under
arrest is taken to a police station to fill out preliminary forms. Minors should not be kept in a
police station for more than 24 hours, a period during which they should have access to a lawyer.
But since only a few can afford a private lawyer, juvenile suspects are generally assisted by state
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