Change to the ECA (Child and Adolescent Statute) strengthens protection for children and adolescence in Brazil
With the change, the allocation of resources to specific projects of organizations through tax waiver is ensured at a national level
On October 3rd, Law No. 14,692 was sanctioned, what amended article 260 of the Child and Adolescent Statute (ECA, abbreviation in Portuguese), enabling donors who support children’s causes through child and adolescent rights funds to address their donations to specific projects of the organizations, such as Pequeno Príncipe. In many states and municipalities this right was already guaranteed, but the lack of a nationwide law generated a certain legal uncertainty. Pequeno Príncipe Hospital participated in this movement to advance legislation, together with other players, and recognizes that this is a great achievement in strengthening third sector initiatives in defense of Brazilian children and adolescents.
“The change in the law represents more and better health, education, social protection, culture, sport, social inclusion, professionalization, family and community coexistence, institutional care, combating violence, among other rights of our boys and girls,” emphasizes the executive director of Pequeno Príncipe, Ety Cristina Forte Carneiro.
Ety emphasizes that, for a healthy society, attention and care for children must be a priority. “This achievement is a milestone in guaranteeing children’s rights. Brazil needs to invest more and more in multidisciplinary services and programs that include prevention, early diagnosis, and effective treatments, in addition to democratizing health technologies. These are efforts that Pequeno Príncipe has intensified every year, so that more boys and girls have the opportunity to fully live a healthy, dignified childhood with guaranteed rights.”
Why was the ECA law amended?
The ECA was approved on July 13, 1990 and, based on it, states and municipalities created their councils for the rights of children and adolescents and their respective funds. However, many faced challenges in raising funds. The sanction of Law No. 14,692, on October 3, 2023, provides legal certainty and extends the donation mechanism for projects by civil society organizations (CSOs) approved by municipal, state, and national councils, via their corresponding funds for childhood and adolescence (FIAs, in Portuguese).
From this publication onwards, councils must regulate the details of the process for their respective funds. It is worth remembering that many councils already have such regulations, as is the case in Paraná. Based on this regulatory framework, other councils will be able to practice this mechanism, expanding the opportunity to raise funds for policies to protect and promote the rights of children and adolescents throughout the national territory.
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