Abstract:
This article aims to discuss the inertia of the municipalities of the State of Mato Grosso do Sul in the implementation of the Foster Care Program, in total non-compliance with the Statute of the Child and Adolescent. Through exploratory research, based on data available at the Mato Grosso do Sul State Court of Justice site, we analyze the current stage of implementation of the program in the State, which, according to results, presents a low degree of effectiveness. Then, from a bibliographical review, we studied judicial activism as a possible solution to the inertia of the Executive and Legislative Powers, observing their favorable and opposite points. In the end, we concluded that after 10 years of effectiveness of the law establishing the Foster Care Program, Law n. 12.010, of August 3rd, 2009, only 12.65% of the municipalities in the State of Mato Grosso do Sul have implemented it or are in the implementation phase. To guarantee its effectiveness and full protection of the rights of children and adolescents, we proposed that the Judiciary determines that the municipalities submit an action plan for its implementation. In case of inertia, a fine should be set. If the delay persists, it is up to the Judiciary itself to implement it at the Executive Power’s expense.
Keywords:
Foster Care; State of Mato Grosso do Sul; judicial activism