E/CN.4/2001/66/Add.2 page 61 45 Ibid., art. 50. 46 Ibid., art. 58. 47 Ibid., art. 60. 48 Ibid., arts. 45 and 59. 49 Ibid., art. 57. 50 Article 61 of the LEP. 51 The National Council of Criminal and Penitentiary Policy, which is under the Ministry of Justice (article 62 of the LEP), has a state and federal mandate to inspect and check the penitentiaries, as well as to get information, through reports of the Penitentiary Council, requisitions, visits or other means, about the development of penal execution in the states, territories and Federal District, proposing to the responsible authorities the necessary measures for its improvement and to make representation to the penal execution judge or any other administrative authority regarding the institution of an inquiry or an administrative procedure, when there is a violation of the provisions of the LEP. 52 LEP., art. 66. 53 Ibid., art. 68. 54 Ibid., art. 70 (II). In accordance with article 80 of the LEP, the Community Councils must be composed of, at least, one representative of a commercial or industrial association, one lawyer elected by the Brazilian Bar Association (Ordem dos Advogados do Brasil) and one social worker chosen by the Sectional Delegation of the National Council of Social Workers. 55 56 LEP., art. 81. 57 On the criminal liability of children, article 228 of the Constitution stipulates that “minors under eighteen years of age may not be held criminally liable, subject to the rules of special legislation”. Article 104 of the 1990 Statute of the Rights of the Child and Adolescents provides that “(s)subject to the measures specified in this Law, minors of less than eighteen years of age are not penally imputable.” 58 Article 2 of the ECA provides that a child is considered a person who has not yet completed 12 years of age and an adolescent as between 12 and 18 years of age. In cases specified in law, the Statute applies to persons between 18 and 21 years.