MT court removes guardianship counselor accused of demanding money during treatment

According to the Public Civil Action, the case began to be investigated in March 2024, when the person began assisting a father who was seeking measures related to his son, then five years old. The complainant alleged that the child was a victim of abuse and neglect. According to the Public Prosecutor's Office, during the monitoring of the case, the board member requested and received money from the complainant. Among them, R$5,000 delivered to the residence of the person being investigated, in May 2024.

When analyzing the initial request, the court of the Specialized Court for Children and Youth denied urgent protection. Among the reasons presented were the absence of contemporary risk, the insufficiency of evidence to justify the removal before the investigator's statement and the lack of current and concrete danger for the children and adolescents served by the Guardianship Council.

Unsatisfied with the decision, the Public Ministry appealed to the Judiciary. "The appeal interest arises from the procedural and material harm imposed by the appealed decision, which keeps the guardianship councilor in office, even in the face of strong evidence of the practice of a crime of passive corruption. The acts carried out by the defendant justify judicial intervention to protect administrative morality, the credibility of the body and, contrary to what was justified in the decision, above all, the need for full protection of the rights of children and adolescents served by the Guardianship Council", argued prosecutor Patrícia Eleutério Campos Dower.

For her, the possible effects of the investigated conduct remain current and justify the precautionary measure. “The danger of damage, therefore, does not arise exclusively from the date on which the facts occurred, but from the agent's continued performance of a public function whose legitimacy presupposes unblemished conduct.”, he stated.

The Court determined that the person being investigated remains away from carrying out his duties until the final judgment of the appeal and the public civil action, without prejudice to the continuity of the process and the guarantee of adversarial proceedings and full defense. Full payment of remuneration during the period of leave was also ensured.

The decision establishes a deadline of 48 hours for compliance with the measure, during which the Council member must refrain from carrying out any activity related to the position. The TJMT also ordered communication to the Municipal Council for the Rights of Children and Adolescents, the Guardianship Councils of Rondonópolis and the City Hall to adopt the necessary measures, especially the call for a substitute, as provided for in the Child and Adolescent Statute (ECA), ensuring the continuity of services provided to the population. In case of non-compliance, a daily fine of R$5,000 was set, limited to 30 days, to be returned to the Municipal Fund for the Rights of Children and Adolescents, without prejudice to other applicable administrative, civil and criminal sanctions.

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