Application of Law No. 21.430 on Guarantees and Integral Protection of Children and Adolescents:

A study of the jurisprudence issued by the superior courts of justice

Abstract

This paper consists of the analysis of the jurisprudence issued by the Supreme Court of Justice and the Courts of Appeals of the country, available in the Judiciary’s jurisprudence search engine, regarding Law No. 21,430 on Guarantees and Integral Protection of the Rights of Children and Adolescents, whose entry into force dates from March 15, 2022. This study covers the existing jurisprudence from that date up to and including the year 2023, which comprises a total of 234 rulings. The main objective of this research is to identify those rulings in which Law No. 21,430 is mentioned, in order to determine: (i) the matters in which our superior courts used this law; (ii) the number of rulings per Court that were issued during the time covered by this research and; (iii) whether this law was used to contribute to better guarantee and protect the rights of children and adolescents.