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Brazil: New Decree Creates Comprehensive Protection Program for Children and Adolescents

On May 18, 2022, Brazilian President Jair Bolsonaro issued Decree No. 11,074 , which amended Decree No. 9,579 of November 22, 2018, and created the Comprehensive Protection Program for Children and Adolescents – Protect Brazil and its management committee ( comitê gestor ). Decree No. 9,579 consolidated normative acts published by the federal executive branch that provide for infants, children, adolescents, and apprentices and that relate to the National Council for the Rights of Children and Adolescents, the National Fund for Children and Adolescents, and federal programs for children and adolescents. Decree No. 11,074 added articles 125-A to 125-R to Decree No. 9,579. Article 125-A defines Protect Brazil as a permanent intersectoral, multidisciplinary program instituted as a national strategy for the integral protection of children and adolescents. The program is to be coordinated by the Ministry of Women, Family and Human Rights’ National Secretariat for the Rights of Children and Adolescents. ( Decree No. 11,074 , art. 125-B.) Its purpose is to promote and implement actions for the integral and healthy development of children and adolescents. (Art. 125-C.) To achieve its objective the program will develop and implement the National Plan for the Primary Prevention of Early Sexual Risk and Adolescent Pregnancy, the National Plan to Combat Violence Against Children and Adolescents, the Action Plan for Vulnerable Indigenous Children and Adolescents, and the National Pact for the Prevention and Confrontation of Lethal Violence Against Children and Adolescents. (Art. 125-D.) The National Plan for Primary Prevention of Early Sexual Risk and Adolescent Pregnancy aims to mitigate physical and psycho-emotional diseases and injuries resulting from early sexual initiation as well as mitigate the risks of teenage pregnancy. (Art. 125-E.) The guidelines for the plan are defined in paragraph 1 of article 125-E. The National Plan to Combat Violence Against Children and Adolescents aims to coordinate and develop policies directed at guaranteeing the full protection of children and adolescents. (Art. 125-F.) The guidelines for the plan are defined in the sole paragraph of article 125-F. The Action Plan for Vulnerable Indigenous Children and Adolescents aims to implement actions to defend the guarantees and rights of indigenous children and adolescents. (Art. 125-G.) The guidelines for the plan are defined in the sole paragraph of article 125-G. The National Pact for the Prevention and Confrontation of Lethal Violence Against Children and Adolescents aims to reduce deaths from aggression against children and adolescents through coordination between the federal government and the state and district governments. (Art. 125-H.) Paragraph one of article 125-H lists the actions to be developed to prevent and combat lethal violence against children and adolescents. The actions of the Protect Brazil Program are to be carried out through the joint action of the Union, the states, the Federal District, the municipalities, and public and private entities. (Art. 125-I.) When carrying out these actions, “the intersectionality, specificities of sectoral public policies, and the participation of civil society must be observed.” (Art. 125-I (sole para.).) The financial resources necessary to carry out the actions referred to in the Protect Brazil Program are to come from the General Budget of the Union, public-private partnerships, and partnerships with the states, the Federal District, and the municipalities. (Art. 125-J.) The newly added articles 125-K to 125-R address the composition and competence of the management committee of the Protect Brazil Program.

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