"I'm realizing my dream of having my certificate. I am studying now and am very happy ", says Luana Pereira dos Santos, 12, smiling, while showing his birth certificate, obtained in July, After intervention of the Amazon State Public Defender (ECD-AM).
Luana was born at home, in Barreirinha, where his mother lived. The mother, Mariles Pereira Simões, 28, had just 16 when she became pregnant and did not count on the support Luana's father. Minor, Mariles did not have the identity cards necessary for motherhood fill out the form of the Declaration of Live Birth (DNV) issued in the first visit, shortly after the birth of the child at home. Neither DNV, and without identity, It became much harder for Luana get your birth record. For lack of a birth certificate, the girl was never able to attend school.
In 2013, already living in Manaus few years ago and already having a new companion, Mariles filed an action for Luana record. however, proceeding through the process since then in a Public Records Court, that does not have the same agility that the Special Court for Children and Youth, where such cases are treated with priority.
Only earlier this year, with the help of friends, Mariles and daughter were sent to the Guardian Council of the Rural Zone, which was attended by Laudímea Cunha counselor, that led to the Ombudsman for Children and Specialized Civil Youth.
education acceleration program – With the intervention of specialized Ombudsman on children's rights, Mariles and Luana were able to obtain an injunction to make the girl's birth certificate, even before the conclusion of the process already in progress. The injunction was granted on 1 July this year. Through Defender, Mariles and Luana also achieved a craft that guaranteed the girl's school entry, even outside the time of enrollment, within a school acceleration program.
"My mother taught me at home. I was studying, I picked up the book and was reading, some parts I was wandering, but could read. Sometimes he gave laziness… Now the school's all cool, everything's good, I'm doing the work, 'm getting. IM so happy", says Luana.
high demand – The public defender Mário Lima Wu Son, responsible for the Defense of Children and Youth Civil, It considers that there is still a large number of children without birth certificate, because there is still much demand to regularize the registration.
"I can say only this year, until the month of August, have registered 90 cases of children without birth registration. Of this total, 64 cases were taken to court to settle, through lawsuit voluntary jurisdiction. the other 26 cases were settled out of court with obtaining a duplicate of the statement of live birth with the City Department of Health (Sems). This means that many children are not registered because their DNV has been lost or is damaged and parents do not know how to solve. With the duplicate DNV is very easy, You need not provoke a lawsuit to get a child's record ", explains the defender.
Damage to children and adolescents – According to Mario Wu, there are several situations that harm the attainment of birth registration. There are cases where the mothers abandon their children, that there are very few, and cases of errors in the records or the lack of identity of parents that prevent the registration of children. The absence of this document brings great harm to children and adolescents, who see access to their basic rights harmed.
"The importance of birth registration for a child is that the legal system is the recognition of the person with dignified existence, with recognized and protected rights. It means ensuring that every child has the right to name and surname, the right to parent with membership, mother and grandparents. And the record assures the child the exercise of important rights, such as health and education. This does not mean that any health center go fail to meet a child who has no record, but, for example, a child who needs treatment out of Abode (TFD), in those cases in which the SUS network does not provide coverage for treatment in the State of Amazonas, she will not like traveling without registration ", explains the defender.
gratuity – Mario Wu directs that parents or guardians, which can be the person with whom the child lives and is created, should seek directly the Ombudsman for Children and Youth, taking their personal documents, residence proof and documents or witnesses to prove that the child without registration belongs to that family by blood or emotional ties, which is critical. The public defender adds that all the prosecution and extrajudicial is free, from initial request until receipt of a birth certificate assisted pay nothing.
For Luana's mother, now just thank. "I'm very happy. I thank God also for putting the counselor on my way. I am very happy indeed, because my daughter is now been documented and is a very great privilege because even the name of my husband is already on her record. So I'm very grateful to God for all ", said.
Council tutelary – The tutelary counselor Laudímea Cunha says that cases like Luana are still quite numerous. "We received a demand that is quite large, especially in the countryside, where children tend to be born at home. And when they are born at home, the process is more difficult to make birth registration, we have to go through the registry offices to pick up the clearance certificates ", says.
According to protect adviser, the Ombudsman for Children and Youth has been very important, because it helps streamline the care of children and adolescents. "For us the Child Protection Council and child advocacy and adolescents, it's very important, because it has helped us accelerate the processes, not only in the registration issue, but also on the issue of school place and all that is related to children and adolescents, such as those at risk ", Explain.