The convention on the rights of the child: a legal turning point

Abstract

Among all countries, Brazil is an emblematic and pioneering case. With the creation, in 1990, of the Child and Adolescent Statute, it is the first time that the term minor has been revoked, replacing it with the category of “child and adolescent” and which is replaced by a guardianship policy with full protection. Considered a virtuous and avant-garde model of substantial revision of the legal corpus that implements the principles of the Convention, this reform was strongly associated with the process of returning to democracy. However, the symbolic importance of the Statute, considered as a product of the values ​​emanating from a new modern, free and democratic society, somehow sacrificed it by preventing any criticism, including constructive, of this law and, therefore, any improvement. This code remains the frame of reference today.