Guardianship counselors with no experience with children are accepted in PR

Amid the recent mobilization regarding the elections for the Guardianship Council throughout Brazil and allegations of irregularities in several cities across the country, a case in Western Paraná caught attention. In the city of Foz do Iguaçu, known for its famous Waterfalls, the rule for running in the election for the Guardianship Council is clear: you must prove “minimum experience of one year in promoting, protecting or defending the rights of children or adolescents”. However, residents had access to the documents presented by the candidates and did not see this proof.

The case was reported to the Public Ministry of Paraná (MP) in Foz do Iguaçu so that the documents could be verified, but the agency archived the complaint on the grounds that the deadline for this would have ended on June 16, 2023.

“The facts presented did not even exist on that date, as the call for candidates to attach the documents required by the notice was published in July 2023 and concluded on August 15, two months after the deadline cited by the MP”, explains trader Sandra Aparecida , author of the complaint. She filed an appeal requesting the investigation again, and the case was forwarded to the MPPR Superior Council.

According to the resident of Foz, the document delivered to the MP cites eight cases — including four commissioned city hall employees who were elected and are already qualified as guardianship councilors of the city. “They presented statements from secretaries, and one even included payslips as proof of their position, but they do not mention direct functions in caring for children and adolescents”, points out the 55-year-old from Paraná, explaining that the notice requires proof of minimum experience of one year to compete for vacancies on the Foz do Iguaçu Guardianship Council.

Another candidate mentioned in the complaint, according to Sandra, attached to the documents proof of a commissioned position at the city of Foz as director of Traffic and Road System of the Department of Transport (FozTrans). In this statement, the man lists 23 duties he had in the area, between February 2021 and November 2022, but none are related to children or adolescents.

“After he was considered unfit by the examining board, he filed an appeal stating that one of his functions was to ‘promote education and traffic safety in public and private schools’, something that is not clear in the functions described in the official document”, explains the complainant .

She informs that the man also presented photos of the FozTrans Traffic School in which teachers and students from the project appear. “And, even without participating directly with the children for a period of one year, he was considered fit to apply for the position of guardianship counselor”, points out Sandra, when questioning how the work carried out by third parties would have been accepted to prove experience in this case.

The complaint also mentions the situation of candidates who were not elected, but present alleged irregularities in the documentation required to compete in the election. “One of them, for example, attached a statement citing a Soap Workshop during an event lasting 21 days”, states the author of the complaint.

The same person also attached a declaration of internship at the Municipal Youth Council (Conjuve) of Guaíra, in São Paulo, but the document does not show the institution’s letterhead or stamp, does not specify activities carried out nor does it have a start and end date. “He only states that he participated in the entity ‘in 2014 during his Administration qualification’, and this does not prove direct experience with children”, he points out.

However, the People’s Gazette had access to a decision from the Municipal Council for the Rights of Children and Adolescents (CMCA) of Foz do Iguaçu regarding the documents presented by a candidate in 2023, in which the body states that it is necessary to cite “start and end date of the experience” presented.

In this decision, the examining board pointed out irregularities in the documentation and stated that the minimum proof of one year in promoting, protecting or defending the rights of children or adolescents was considered insufficient because “it does not detail the time of activity, only indicating ‘in the year 2014 ‘”. This candidate was considered unfit, and did not compete in the election for the Guardianship Council.

The report attempted to contact the Municipal Council for the Rights of Children and Adolescents via email, telephone and WhatsApp to request clarification, but was informed that “the procedures related to the CMDCA processes [estavam] temporarily suspended from 12/18/2023 to 01/31/2024”. After this message, the institution reported that the email “was forwarded to the board of directors for analysis.” The space remains open for demonstrations.

Lawyers say there are signs of irregularities

According to family lawyer Rosana Rabelo, who had her candidacy challenged in São José dos Campos (SP), and follows the legal disputes between guardianship counselors in different cities in Brazil, the situations described by the complainant present “clear irregularities”. “This is because the notice requires a minimum of one year of experience working with children and adolescents with proof of employment record, contract or, in the case of an OSC, registration of the entity with the Municipal Council”, she explains.

Another lawyer sought by the report – who preferred not to identify himself as he is a resident of Foz do Iguaçu – points out that “the notice has the force of law, so it has an objective character that must be fulfilled”, with no room for doubt when accepting it, or not. , the required documentation. “Either you have the requirements to be a candidate, or you don’t.”

This specialist in Civil Law also points out that the deadline for making the complaint cannot end, “because the notice says ‘at any time’ and because it is a matter of public order that must be investigated”. In fact, he points out that Article 8 of the notice regarding “falsification of statements or data and/or other irregularities in documentation” determines cancellation of registration and annulment of all acts arising therefrom, “at any time”.

However, Sandra filed this complaint on December 13, 2023, but it was archived by the MP around 48 hours later. When contacted by the report, the 15th Public Prosecutor’s Office of Foz do Iguaçu argued that the deadline actually ended on June 16, 2023 and that the complainant must first contact the CMDCA, “the body responsible for investigating the demands”.

The MP also informed that “Sandra’s request is inconsistent in demonstrating falsehood, inaccuracy and irregularities that justify the application of article 8” and that “it is at the discretion of Mrs. [repórter] or the lawyers consulted present a request for the appropriate establishment”.

Association of Tutelary Counselors of PR says that the election in Foz should be annulled

According to the Association of Guardianship Councils of Paraná (Actep), the case of Foz do Iguaçu can be characterized as a “shame”, as it undermines the main function of the guardianship counselor, which is to adequately serve children and adolescents, prioritizing their needs. rights.

“The counselor must also supervise assistance programs aimed at childhood and adolescence, and must be qualified for this work”, guarantees the president of the entity, Claudio Aparecido Ferreira, who sent a letter to the MP this Monday (5) requesting measures. “After everything has been duly investigated and proven, we believe that the correct measure is to request the annulment of the election”, states the document.

According to him, this may occur because, in addition to the problems related to the required proof of experience, there are other signs of irregularities in the process carried out in Foz, such as two councilors elected in the city – a teacher and a psychologist – having been challenged “without reasonable justification”. .

“In one of the cases, in fact, the complainant is the same substitute who took her place, and who worked as a professor in the entity of one of the Council representatives who voted for the challenge”, pointed out Ferreira. The case was also shown by Actep to the Paraná MP in Foz do Iguaçu, and the People’s Gazette had access to the document.

In this letter, the association cites councilor Silvana Rodrigues, challenged due to a video in which a city councilor appears holding “cards” of a candidate, without saying the name, number or characteristics of the person, but stating that it began with “S”.

In an interview with People’s Gazette, Silvana states that she was re-elected as the city’s guardian councilor with 536 votes and carried out her campaign in accordance with the election rules. “And in relation to the councilor’s video, my lawyers defended me and I even suggested that, if I were to be punished for someone else’s act, it should be with a fine or a warning, but they maintained the objection.”

She also states that other candidates had campaigns carried out openly by municipal authorities, including with videos mentioning names and information. “And it was the outraged voters themselves who brought these facts to us, as the rules need to apply to everyone”, he says, reiterating that the complaint that led to his challenge is “generic”, based on a video that does not show his photo, name or number.

Like her, professor Leila Aparecida Bencke, elected in 3rd place in the city of Foz do Iguaçu with 777 votes, also had her candidacy challenged. According to the process report, the reason was posts that supporters had made on WhatsApp against another candidate.

Leila stated that she did not know the women mentioned personally, only through social media, and did not condone defamatory acts, but the complainant stated that she was part of the group mentioned and that she had liked the women’s posts. The teacher was held responsible, and the penalty was impeachment, removing her name from the list of elected candidates so that a substitute could take over.

According to the president of the Association of Counselors of Paraná, these situations indicate alleged favoritism and, as the 15th Public Prosecutor’s Office of Foz do Iguaçu denied the allegations, a class action lawsuit should be opened in the coming days.

“This needs to be investigated and publicized because, if it happened here in Foz, it could have happened in several cities in Brazil”, points out Ferreira, stating that “the ones who lose from this are the children and teenagers, who need really prepared guardianship counselors” , ends.