Questions/Answers

For decades, children and adolescents have remained invisible to society's eyes, anticipating the moment when they would finally return to their families. Alternatively, when this could not be possible due to their rights' violation, waiting to be placed in a surrogate family through guardianship or adoption. In this historical context, there was no precise data referring to the child and youth population in the state of Rio de Janeiro. There was a certain "black box", marked by the lack of information transparency meanwhile children lost part of their childhood inside institutions. Who were these boys and girls living in shelters? Were they visited by their parents and family? Which were the main reasons for being in shelters? In order to provide answers to these and other questions, on May 25th, 2007 the Public Ministry of the State of Rio de Janeiro launched the Child and Adolescent Module (MCA) system. It aimed to attain the registration of sheltered children and adolescents or those with foster families and to allow real-time interaction between the numerous public organs which integrate the protection system of children and adolescents' rights, namely: guardianship councils, sheltering entities, social organizations among others. Since its foundation, MCA has been projected to become a democratic system serving the interests of infant and youngster-infant sheltered population and the society as a whole, ensuring data transparency and daily monitoring of each child's situation by the Public Ministry among public organs. They can access the system inserting relevant information of the individualized situation of those children and adolescents. The Child and Adolescent Module (MCA) publishes statistics twice a year bringing consolidated data. This is accessible for any citizen and provides information about child and youth population allowing the deliberation of public policies for the segment by the organs in charge of these politics.

The system makes it possible to monitor the situation of children and adolescents on a daily basis, enabling the regularization of their documents, following up their routine in the institutions, their community activities and the preparation for returning to their biological family or alternatively conveying them to an adoptive family. The system also concedes the exchange of relevant information amidst public organs, reducing bureaucracy thus allowing faster decisions to be taken in the legal proceedings involving these children and adolescents. Therefore, Prosecutors, Judges and Community Councils are able to access the MCA, to consult and / or feed information of children and adolescents, in addition to registering their own performance on the cases served. Along these lines, all co-responsible for the sheltering services operate in its own function remaining connected to each other and to the specific case itself through the MCA which provides a better articulation between the operators of the protection network for children and adolescents.

The system is related to Sustainable Development Goal 16. Whenever a child or adolescent is included in the sheltering system, the person responsible for supplying the MCA informs the justification for such an action. The main causes are: parents or legal guardians negligence, physical or psychological violence against children and/or all other violation forms of their fundamental rights. In Brazil, there is a high rate of unreported births which implies the existence of undocumented children and adults, making it difficult for them to exercise their own citizenship rights. The MCA system identifies the major causes of the aforementioned rights violation, allowing the authorities to take decisive measures to protect them. Moreover, the system also expedites the children's birth registration.

The MCA system endorses the integration of public organs, registering the fundamental violations of children and adolescents' rights in conjunction with the resolutions that have been adopted to overcome it. Hence, in the legal field, Prosecutors have access to the basic information concerning sheltered children allowing them to file lawsuits in defense of their rights. For instance, the destitution acts of the family power, action of guard and public civil actions to defend general population's interests. Conjointly, MCA also identifies: 1) undocumented children; 2) children without school enrollment; 3) children with illnesses and/or need for psychological care etc. adopting measures so that the competent authorities are able to solve the issues. Searches may be accomplished in the system database in order that children who have been separated from their siblings are able to track them, reuniting the family once again. Last but not least, the system identifies children who are available for adoption through orphanhood, loss of family power by parents as well as those whose parents are unidentified.

The primary importance of the MCA is to enable the real-time information exchange related to the social and legal situation of sheltered children or those with foster families. The systematization of information has provided greater visibility to the cases of sheltered children and adolescents who suffered serious violations of their own civil rights. Historically, these children have been recurrently overlooked by authorities and public agencies. From the legal point of view, prosecutors and judges responsible for each case hold access to instantaneous information about situation of children in shelters, schools and communities. Accordingly, the system permits a more agile performance of the authorities. Prosecutors might work in the extrajudicial area issuing recommendations to public agencies and private entities in an effort to guarantee the children rights. Prosecutors can also meet with mayors and public managers for the same purpose. Consequently, the integration of system users in an online environment grants children living in shelters more access to public services as well as to the justice which remarkably represents one of the greatest challenges of our time.

In 2007 when the system was implemented, the number of children and adolescents living in shelters and foster families in the State of Rio de Janeiro was 3.782. Nowadays, this figure is around 1.746 in total, representing a reduction of more than 50%. Among the reasons which have led children to shelters, negligence remains as the preeminent one (526 children and adolescents) representing about 30% of the total figure of the State. It is also of vital importance to mention children that went to shelters for being in street situation/homelessness (147 / 8.42%), abusive use of narcotic substances by parents (123 / 7.04%), physical and psychological abuse (110 / 6.03%) and so on. It should also be noted that although the Brazilian Statute of the Child and Adolescent states in article 23 that the lack of material resources is not enough for the loss or suspension of family power, there are still children going to shelters because of poverty and the lack of day-care centers or full-time school. It represents 2.35% of the total number of children in the State, demanding the involvement of all organs for the protection of children's rights in the social promotion of families and in the fundamental right for the ingress to early childhood education, in order to avoid serious weakening of family ties.

The key innovation of the initiative is the creation of an unprecedented system in Brazil, capable of maintaining an online registry showing data of children and adolescents living in shelters and with foster families in the State of Rio de Janeiro. The social recognition of the system has made it possible for the Public Ministry of the State of Rio de Janeiro to establish an agreement with the Brazilian National Council of Justice (CNJ) for a transfer of MCA technology and development of a system in a National amplitude - The National Registry of Sheltered Children and Adolescents (CNCA). The MCA system facilitates the service offered by shelters and suggests a quantitative map of children and adolescents living in those locations, allowing a precise and useful diagnosis for appropriate public policies towards children and adolescents. Prior to the conception of MCA in 2007, this sheltered infant and youngter-infant population were invisible to the society. Nevertheless, after an effective implementation of the system they could become noticeable through its wishes and needs. Henceforth, we may affirm that MCA system is a landmark in terms of access to justice concerning children and adolescents being an important tool for protecting their civil rights.

The Brazilian Constitution establishes absolute priority to the children and adolescents rights (article 227, CF). The Brazilian law considers that children may live in shelters only as an exceptional and temporary resolution, until they can actually return to their biological families or be adopted. The MCA has arisen from the need of obtaining accurate information in actual time in regard to the sheltered children, so that the particular factor that caused them to be in this situation may be reviewed, acquiescing prosecutors and judges to collect elements to adopt legal measures. Until 2007, there was no online system in the State of Rio de Janeiro that would allow access to information about children and adolescents living in shelters or with foster families. In that context, the interchange of information amid the defense organs of children rights occurred through postal mail. As an outcome in conncetion with such procedure, we can cite slowness of procedures and more bureaucracy. The MCA system has decisively innovated and brought more dynamism to legal process of the sheltered children's rights, bringing effectiveness to the compliance of the Brazilian legislation.

The Public Ministry offices were used to host the functions developed in the area of ​​information technology, management and training. Consequently, there were neither direct expenses associated with such activities nor expenses on purchases of hardware and software. MCA system development team was composed by: 01 Project Manager - 01 Systems Analyst - 01 Webdesigner - 01 Software Architect - 02 Software Developers. Currently, for the system management our team is as follows: 02 Prosecutors - 01 System Supervisor - 03 - Employees - 03 Trainees. In June and December of each year, the Public Prosecutor's Office of Rio de Janeiro publishes system statistics exposing indicators such as: number of children living in shelters, whether or not they have been visited, whether they can be adopted, whether they have any disease or disability, whether they possess documents, whether they are enrolled in educational institutions, just to name a few. Such parameters serve to guide the deliberation of policies for all those engaged in the protective network and responsible for the defense of children's rights avoiding distortions in the data produced, molding MCA as an instrument which produces reliable information regarding the social and legal situation of sheltering children.

Yes

The social recognition of the system has provided the means for the Public Ministry of the State of Rio de Janeiro to sign a setlement with the National Council of Justice in Brazil (CNJ) for the transference of MCA´s technology and development of the National Registry of Sheltered Children and Adolescents (CNCA). Likewise, the Public Ministry of the State of Rio de Janeiro has already signed a compromise agreement with 8 Public Ministries in Brazil for the transference of the MCA's technology. Accordingly, our system is in operation in some other States of Brazil and there are 2 requests for new agreements in progress which are currently being analyzed by our legal and technical team. It is meaningful to state that the technology developed for the MCA system is freely provided to other Public Ministries in Brazil which receive all the technical support necessary to handle our system.

The MCA system started with a Resolution of the General Attorney of Public Ministry of the State of Rio de Janeiro, on May 25, 2007 - (GPGJ Resolution No. 1.369/2007). Its implementation followed a gradual process starting from a pilot project in a shelter located in a impoverished neighborhood located in the city of Rio de Janeiro. From the experience with the pilot project, a routine of gradual implantation have been developed by our team to the point that we have reached all the territorial area of ​​the State of Rio de Janeiro. In February 2008, the MCA system was fully operational throughout the State of Rio de Janeiro. Presently, the MCA team provides system trainings twice a month and offers support for more than 800 users. The system is regularlly accessed by Prosecutors, Judges, Shelter's Social Workers, Psychologists, Community Councils, etc. The system access is granted upon completion of user training program and reviewing of documentation submitted by those who would like to be admitted. Inasmuch as information concerning sheltered children is confidential, it is mandatory for the user to sign a liability agreement which prevents the disclosure of system information to third parties. Indubitably, in the course of its 10 years of existence the MCA has become an indispensable mechanism for the whole protection system of children and adolescents' rights in the State of Rio de Janeiro.

All along its 10 years of existence, the MCA has consolidated itself as a great online system for sheltered children and adolescents or those with foster families in the State of Rio de Janeiro. Considering the advantages offered by the system, taking into account the fact that it is a powerful and permanent database users express a spontaneous interest in feeding the system, which turns out to be very effective in the daily work with sheltered children and adolescents. Correspondly, it is possible to affirm that a valuable partnership has been created between public and private agencies for the information sharing.

Yes

In 2008, MCA was the winner of the V Innovare Prize in the category of Public Minister, which objective was to identify and disseminate practices that could contribute for the improvement of justice in Brazil. It is relevant to highlight that Innovare is formed by a Superior Council composed by representative associations of tremendous prestige in the Brazilian legal world, for instance: Association of Magistrates of Brazil, National Association of Members of the Public Prosecutor's Office, Federal Council of the Brazilian Bar Association, Ministry of Justice through the National Secretary of Justice and Citizenship and former Minister Carlos Ayres Britto. In 2012, MCA was the winner of the IT4CIO prize which awards the most accessed portal of public and private companies in the State of Rio de Janeiro. In 2013, the MCA received an honorable mention in the CNMP Prize. The National Council of the Public Minister (CNMP) acts in favor of the citizens and executes the administrative, financial and disciplinary supervision of the Public Minister in Brazil and of its members, respecting the autonomy of the institution. Furthermore, the Council (CNMP) is also responsible for guiding and supervising all organs of the Brazilian Public Prosecutor's Office.

After winning the V Innovare Prize in the Public Ministry category, the MCA obtained vast social recognition, declaring itself as the official system of sheltering children and adolescents and those living with foster families in the State of Rio de Janeiro. Henceforth, the Rio de Janeiro City Council and the Legislative Assembly of the State of Rio de Janeiro have approved laws recognizing the substancial importance of the MCA, determining that the public organs in charge of children issues shall supply the information into the system. The award aroused the interest of the Public Ministries of other States of Brazil which settled a compromise with the Public Ministry of the State of Rio de Janeiro to have access to the system's technology. Mention should also be made of the signing of an accord with the Court of Justice of the State of Rio de Janeiro for the sharing of data from the MCA system, also allowing admittance and system feeding by Judges and public servants of the Court.

The category of the Public Ministry on the Innovare Prize in which MCA won in 2008, includes individual or collective initiatives of members of the State and the Federal Public Prosecutor's Office who stand out for the creation, planning, implementation and execution of practices in the Public Ministry. The evaluation and judgment of the practices inscribed in the prize privilege the following criteria: I- efficiency II- quality III - creativity IV - exportability V - user's satisfaction VI- social outreach VII - Reduced bureaucracy We would like to seize the occasion to transcribe a text about the Innovare award which is stated on their website (free translation): "Unquestionably, there are still inummerable serious problems that demand Brazilian Judiciary to manage. Progressively, these initiatives have been changing the justice face and stimulating new initiatives in a virtuous cycle in which everyone wins. This year, Innovare Institute has reached the 14th year confirming its intentions to promote Brazilian Justice, comprising the participation of the civil society. After the award, Innovare intends to publicize this "silent revolution" of Brazilian justice and present its protagonists: magistrates, prosecutors, public defenders and lawyers who contribute with their best knowledge and energy reshaping Brazil for the better.

The MCA was designed to allow the democratization of information referring to the social and legal situation of sheltered children or those living with foster families. As from the conception of the MCA project, the Public Prosecution team has considered itself to be the manager of a system that would be supplied by all public agencies and entities related to the defense of children's rights in the State of Rio de Janeiro. The implantation of the MCA involved all these protection agents in each city of the State of Rio de Janeiro, requiring an expressive amount of users to be trained in order to operate the system. It was necessary for the Public Prosecutor's Office to initiate a endeavor towards awareness, demonstrating the importance of the MCA to de-bureaucratize the entire information system related to the sheltered children and adolescents in the abovementioned State. Initially, the Public Ministry of the State of Rio de Janeiro signed a partnership with an eminent private university in the State of Rio de Janeiro (Estácio de Sá) which lent its several branches facilities in the municipalities of Rio de Janeiro to execute the system training program. Focused on the system's operation, the Public Prosecutor's Office carried out a survey of sheltering institutions that were not provided with the basic equipment to nourish the system. Afterwards, they signed an agreement with such organs, donating computers that could be used to support the system. It is safe to say that during all the years of MCA's existence, public and private shelters as well as the whole Protection Network in defense of the rights of children and adolescents represent an important partnership in view of their contribution to the evolution of the system through the presentation of suggestions for the improvement of its whole characteristics.

Nowadays, when globalization is a keyword, where the simultaneous exchange of information is a reality, it would not be fair not to apply this syllogism to the social and legal situation of sheltered children. They are those who have their rights systematically violated being forced to live temporarily separated from their families. In today's contemporary world, given that digital inclusion is a simplifier of citizen's daily routine maximizing its time and potential, it is legitimate that we enjoy all its benefits and profit from them to defend and protect the rights of the most vulnerable children and adolescents in our society. It is simply not desirable to coexist with bureaucratic mechanisms that delay information reach. Those disturb children and adolescents' lives and time withdrawing their right to be with their families. The system is an important mechanism to monitor the situation of sheltered children and adolescents, bringing an effective improvement to the work of children rights' organizations and the justice system. We are the actors of our time and as such it depends on us to embrace the whole technology available in our favor. We need to ensure the quality of effective access to justice for these children and adolescents.