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Suspension approved by the Chamber and the Senate reignites debate on Conanda’s competence, child protection, and legal assistance to victims of sexual violence
Civil society organizations linked to the National Council for the Rights of Children and Adolescents (Conanda) will appeal to the Supreme Federal Court (STF) against the decision of the National Congress that suspended Resolution 258.
The regulation established guidelines for the humane treatment of children and adolescents who are victims of sexual violence. It also addressed procedures related to legal abortion in cases of rape, a right already provided for in Brazilian legislation.
Congress decision suspends Conanda resolution
The legislative decree project was first approved by the Chamber of Deputies in November 2025, after intense debates among parliamentarians.
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The text proceeded to the Federal Senate and was approved in a symbolic vote. This modality does not record nominally which senators voted for or against.
The analysis in the plenary lasted only 1 minute and 42 seconds, without speeches, statements, or interventions. The speed of the vote increased the reaction of entities in favor of the resolution.
The decision fully suspended the effects of the regulation that guided the treatment of children and adolescents who are victims of sexual violence.
Action in the STF will have PSOL as the author
The challenge will be presented to the STF after the promulgation of the project by the National Congress. The PSOL will be the formal author of the action.
Civil society organizations that are part of Conanda are expected to endorse the request. Representatives of the federal government also participate in the council, but the action will have support only from civil organizations.
The president of Conanda, Delia Martis, told GloboNews that the council did not exceed its normative competence.
In her assessment, the Senate’s decision interferes with the autonomy of the body. This argument is expected to support part of the judicial challenge.
Humane treatment is at the center of the dispute
Defenders of the resolution claim that the text did not create new rules. The norm only organized the care already provided for children victims of sexual violence.
Members of the Executive also state that the resolution did not mandate the performance of abortion. The text reinforced the right to access legal care.
The resolution also highlighted that pregnancy in children and adolescents can pose a risk to physical, psychological, and mental health.
The document also cited possible social impacts, increased illness, disability, and deaths.
Damares Alves defends overturning the norm
Senator Damares Alves, from the Republicans of the Federal District, was the rapporteur of the proposal that overturned the resolution.
According to her, Conanda overstepped its limits and tried to legislate in place of the National Congress.
This argument will be contested by the entities in the judicial action. For the defenders of the resolution, the council has the autonomy to establish guarantees of protection for children and adolescents.
Allies of the senator believe that the vote advanced because the government did not confront the issue strongly in the Senate.
Behind the scenes, the interpretation is that the Planalto avoided political friction over a sensitive issue in the pre-election period.
Government was surprised by off-agenda vote
The ministries of Human Rights and Women were on alert since the announcement made by the president of the Senate, Davi Alcolumbre, about the inclusion of the project in the week’s agenda.
Government representatives visited offices in the days leading up to the vote to defend the maintenance of the resolution.
The presentation of the text off the agenda surprised the defenders of the norm and reduced the opposition’s articulation against the project.
The case is now expected to reach the STF focusing on Conanda’s competence, Congress’s actions, and the legal protection of children victims of rape.
The final decision could directly influence the humane treatment of children and adolescents in situations of sexual violence in the country. Will the Supreme Court uphold the suspension approved by Congress or give a new direction to this sensitive discussion in Brazil?
