CONSELHO TUTELAR E ANÁLISE ECONOMICA DO DIREITO: FATORES ENVOLVIDOS NA CRIAÇÃO DE MAIS CONSELHOS NOS MUNICÍPIOS BRASILEIROS

Abstract

Considering Resolution no. 231/2022 of the National Council for the Rights of Children and Adolescents - CONANDA, which recommends the creation of at least one Conselho Tutelar for every hundred thousand inhabitants in the municipality, with the help of the theoretical instrument of economic analysis of law, diagnose possible causes with the potential to influence the rationality of decision-making by local governments regarding the creation of more Conselho Tutelar, a body primarily responsible for the mission of ensuring the rights of children and adolescents are met with absolute priority in guaranteeing their rights social. As a hypothesis, it is believed that, in the context of the Brazilian legal system, there are factors, in addition to those merely budgetary, that can influence the political decision of Municipal Public Administration managers, regarding the creation, or not, of more Conselhos Tutelares units. The research methodology, in terms of its nature, is basic; when the approach to the problem is qualitative and when it comes to achieving the objectives, it is exploratory. The following technical procedures are used: bibliographic review and document analysis. As final considerations, it is argued that there should be objective criteria, which bind the manager regarding the need to create new Conselhos Tutelares, by providing for sanctions for unjustified non-compliance with the aforementioned criteria. Thus, it is expected to contribute with subsidies for debates aimed at improving the efficiency of the work of the Conselho Tutelar.