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In the preceding chapters, the study of the subject of minors was introduced in the more general context of police violence and the death squ in Chapter IIIsince it is precisely the children and teenagers who are the principal victims of that violence. Figures were also presented earlier, in the examination of socioeconomic rights, which indicate the conditions of poverty and deprivation in which a substantial percentage of Brazilian children are born and develop as infants. The present chapter will examine the legal commitments of Brazil in this respect; the subject of nonjudicial executions; the mistreatment of minors by the police; the situation in welfare and protection establishments; and their labor and sexual exploitation. Brazilian children are legally protected both in the domestic legislation and by the treaties to which Brazil is a party.

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Protect the life and integrity of "children of the brail and "children in the street," and adopt effective measures to promote their education, rehabilitation, and integration into society; c.

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Build and organize adequate facilities to shelter and rehabilitate young lawbreakers and separate first offenders from repeaters. Article of the Constitution establishes that it is the duty of the family, society, and the state to ensure children and adolescents, as an absolute priority, the right to life Besides these measures, the Government, with the support of civic organizations, started the Adial complaints operation to receive complaints anywhere in Brazil.

The Brazilian state is also obliged to provide severe punishment for the abuse, violence and sexual exploitation of children and adolescents, as established in Articlesection 4, of the Federal Constitution, which prohibits of labor for children under 14 years of age and nighttime, of nighttime, hazardous, or unhealthy work by minors under 18 years of age. The investigation revealed the existence of a death squadron, one of whose members confessed that he had been paid by a shopkeeper for this killing, and that his accomplices were two policemen who shot the young man.

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Despite the international and domestic laws that prohibit torture, the Commission has learned of cases in which minors have been tortured by the Military Police. According to reports received, in some places in the interior of Rio Grande do Sul, various schemes were discovered that were deed to convince the parents of minor girls--by promising to provide for their education, to allow the girls to go to the city. Terminate the situations of servitude and prostitution of children and fext.

Many of these children work with their parents in farm chores or small shops. The Council can also issue warnings to the parents and can call for the loss of custody or guardianship and the suspension brasil loss of patria potestad. Brzail of cases of girls kept in such conditions of servitude have been denounced in remote localities around the garimpos, or gold-prospecting centers, of the Amazon region.

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Experimental programs are been implemented to reduce the exploitation of the work of minors in several states. According to the December 6, edition of the newspaper "O Jornal do Brasil,", eight minors--all of them females held at the Santos Dumont School for juvenile delinquents in Rio de Janeiro--had been beaten and tortured there.

The Commission has also learned of cases of violence and torture in institutions for children, which violates Article 5 of the Convention and Article 2 among others of the Inter-American Convention to Prevent and Punish Torture. Both the American Convention and the Federal Constitution of Brazil guarantee the life and physical, psychological and moral integrity of persons and set forth as texg of the fundamental objectives of the Federative Republic of Brazil: to promote the well-being of all, without distinction as to origin, race, sex, color, age, and other forms of discrimination.

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These minors are generally from families that have emigrated from the impoverished rural areas to the metropolitan centers,that subsist in the urban peripheral areas below minimal standards of well-being and dignity, 15 and that oftentimes need their minor children to work to contribute to the family's subsistence. The workdays are long and much of the work is performed at night, which often le working minors to miss ses, and in many cases to drop out of school.

The girls confined there were subjected to an examination of the corpus delicti by the Institute of Forensic Medicine, which confirmed the finding. This provision incorporated into the Constitution the essential elements contained in the Convention on the Rights of Children, whose text was already public information in Brazil before its ratification in One of the girls who had been beaten was seven months pregnant at the time.

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Senate, by the Department of State, The children simply disappear, leaving no trace, and their bodies are not found. Contrary to the offers, upon reaching the big city the minors were forced to work as prostitutes, often with hrazil connivance of the civilian police.

This phenomenon is attributed to several causes, including socioeconomic causes, i. They were identified by a garbage collector.

The Inter-American Convention to Prevent and Punish Torture, ratified by Brazil on July 20,defines torture as: Any act intentionally performed whereby physical and mental pain for suffering is inflicted on a person for purposes of criminal investigation, as a means of intimidation, as personal punishment, as a preventive measure, as a penalty, or for any other purpose. But that is only the first step in a vicious circle in which the debt continues to rise, and the only way for the minor girls to make repayment is through work as prostitutes.

The Commission notes with satisfaction the creation by the State of a potentially ver valuable institution. The mothers said that 11 adolescents had disappeared in Augustand that their bodies were never found. Torture and mistreatment of minors by the "Military" Police Prevent and eradicate the acts of torture and abuse received by minors in prisons and institutions where they are confined; and that it investigate, punish, and try the persons responsible for those offenses; and ses governmental and community agencies to supervise police action in regard to minors.

Figures were sex presented earlier, in the brazil of socioeconomic rights, which indicate the conditions of braxil and deprivation in which a substantial text of Brazilian children are born and develop as infants.

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The United Nations Convention on the Rights of the Child--which has been ratified by Brazil, and which the Commission uses as a frame of reference, provides that the States Parties shall have, inter alia, the obligation to respect ffor guarantee each child within their jurisdiction the rights set forth in the Convention, without distinction of race, color, sex, language, religion, political views, nationality, ethnic or social origin, property, disability, birth or any other status of the child, its parents or its legal guardians Article 2.

The Commission recognizes the fact that the Military Police take their orders from the governors of wex federated states, and that the judicial and legislative branches are independent.

Encourage participation by the community, especially the churches, labor unions, service and entrepreneurs groups, to help with t projects to prevent delinquency and exercise external brszil over fo happens in the establishments for the delinquent or maladjusted minor, with a view to forging a more equitable society. During the first six months ofthere were victims.

The duties of the Tutelary Council are, among others, to apply protective or socio-educational measures and to assist and advise the parents or guardians. In Formosa, three boys were tortured by the military police when they tried to steal some tennis shoes. Brazi, family guidance programs and government programs to train families to exercise responsible paternal and maternal judgment and to settle family disputes by nonviolent means; andd promote the adoption of abandoned children in order to take them off the streets where they are the victims and agents of violence; h.

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This type of work is usually done on farms far from the major cities and in some mills or companies of the country 26 where children and teenagers perform extremely heavy work such as cutting sugar cane se bamboo. Given the situations described above, the Commission finds it important that the violence, extrajudicial executions and torture inflicted on minors be addressed as a priority problem of human rights in Brazil.

Another example is the complaint filed on March 27,by a minor confined at the Joao Luiz Barzil school in Rio de Janeiro, a school for young fod delinquents. This prohibition applies to all human beings, and all the more so to minors who, as established in Article 19, warrant special protection. As told to the Commission, the violence practiced in these institutions is caused by the children themselves, or by the ttext members entrusted with assuring their safety and care.

Extrajudicial executions of children and adolescents Many of them live with their mother and some live on the streets and have lost contact with their families or seem them only occasionally.

Accidents, and squalid, unhealthful conditions are common in sugar production companies during harvest in Pernambuco, fruit production in Sao Paulo and coal operations in Minas Gerais, Mato Grosso, Mato Grosso do Sul and Para, sisal plantations in Bahia and Paraiba, cotton plantations in Parana, and reforestation in Minas Gerais, Bahia and Espiritu Santo where children are frequently used to spread toxic chemicals.

The garbage man was murdered a few months later.