Public civil action demanding the creation of confinement and partial release programs for young offenders. The Judiciary as a competent authority to decide on budget allocations. The State’s impossibility to allege lack of financial resources based on the Constitution’s foremost priority given to protecting the rights of children and adolescents.
The decision was appealed by the State of Rio Grande do Sul. The High Federal Tribunal has not issued its decision so far.
In Brazil, actions such as the one known as public civil action have been very common, making it possible to obtain court protection in respect of certain types of crimes that otherwise would have been arbitrarily committed. This case shows the potential monitoring role of the Judiciary in the design of public policies and the realization of children’s fundamental rights when budgetary items are at stake.
Claimant: Prosecutor’s Office Respondent: State of Rio Grande do Sul