PARAMETERS FOR THE CORRECT INTERPRETATION OF THE CONTENTS OF ARTICLE 136, SECTION I, OF THE ECA

Abstract

This article analyzes the application of Article 136, Section I, of the Child and Adolescent Statute (ECA), with an emphasis on the role and limits of the Child Protective Services Council (CSC). It argues that an isolated and expansive interpretation of the term "to assist" has led to the Council's inappropriate use, especially in primary care services that should be provided by specialized services, resulting in revictimization and institutional violence. A systematic and contextualized reading of the legal provision is proposed, respecting the principles of minimal intervention and comprehensive protection. It argues that the Child Protective Services Council is not a direct care service, but an authority with predominantly political and oversight powers, and should intervene only in exceptional and justified situations, as per Articles 98 and 105 of the ECA. Furthermore, the importance of intersectoral planning, networking, and ongoing training for members of the rights guarantee system is emphasized. It is concluded that the effective protection of children and adolescents depends on the structuring of public policies and overcoming the misuse of the Council as a substitute for specialized services.