A adequada e proporcional instituição do Conselho Tutelar como instrumento de concretização dos direitos fundamentais das crianças e dos adolescentes

Abstract

This paper aims to explore the Councils of Guardianship, the local authority established by Brazilian law that is composed by a group of people that works on the effectiveness of the rights of children and adolescents, analyzing the importance of the adequate and proportional proceeding on this important organ of Brazilian fundamental guarantee system. The paper, initially, approaches the fundamental rights widely, then it develops the historical evolution of child’s right in the international and Brazilian setting, continuing with the analysis of the Councils of Guardianship, especially the parameters used by local authorities to create them. Finally, it will suggest criteria to guide the equal and adequate establishment of its quantitative. The theoretical landmark will be the normative force of the Constitution and the development of a new constitutional interpretation to understand the different theoretical background that supports the accomplishment of the fundamental rights.