Synopsis: Child trafficking for illegal adoption is a serious and growing global concern. Vulnerable children, particularly from economically disadvantaged backgrounds or conflict zones, are often exploited by traffickers who profit from international adoption loopholes. The United States and Brazil have established legal frameworks to protect children from such exploitation. In the U.S., the Special Immigrant Juvenile Status (SIJS) provides immigration relief to minors who have been abandoned, abused, or neglected. Meanwhile, Brazil’s Statute of the Child and Adolescent (ECA) ensures rigorous adoption protocols to prevent child trafficking.
This article explores how SIJS and Brazilian legislation work to combat illegal adoption schemes. By comparing these legal frameworks, we highlight their effectiveness, limitations, and potential areas for improvement. Additionally, we discuss the challenges of enforcing protective measures and propose recommendations to strengthen international cooperation in preventing child trafficking.
I. Introduction
International child trafficking for illegal adoption is an alarming phenomenon that has grown in complexity and frequency over the past few decades. This issue not only violates the fundamental rights of children but also perpetuates criminal networks that exploit the vulnerability of families in at-risk situations. The relevance of this topic lies in the urgent need to understand the gaps in existing legislation and the effectiveness of child protection policies, especially in a globalized context where combating this crime requires coordinated efforts between countries.
The choice of this topic is justified by the growing evidence that illegal adoption, often disguised as legitimate practices, benefits from inadequate legal systems and a lack of robust oversight. Regarding the aforementioned legislations, the Special Immigrant Juvenile Status (SIJS) and the Brazilian Child and Adolescent Statute (ECA) were chosen as objects of study due to the fact that both countries are facing this issue increasingly. However, Brazil, due to its racial issues and the vulnerability of certain groups, has become a recurring target for such practices, while in the U.S., the demand for adoptive children contributes to the increase in trafficking. Studying the role of the Special Immigrant Juvenile Status (SIJS) and Brazilian legislation is essential to identify how these legal tools can be used to prevent child trafficking and protect children in vulnerable situations.
The methodology utilized will be based on bibliographic research and legislative analysis, allowing for a thorough understanding of relevant legal frameworks and the experiences of countries that have implemented successful child protection policies.
The structure of the article is organized into seven chapters. The first chapter will present a literature review on child trafficking and illegal adoption. The second chapter will discuss the SIJS and how its application serves as a protection mechanism. The third chapter will address Brazilian legislation related to adoption and the fight against child trafficking. The fourth chapter will analyze American and Brazilian legislation for child protection, while the fifth chapter will discuss the challenges in implementing protective measures. The sixth chapter aims to provide recommendations for strengthening protections against child trafficking, and the seventh chapter will conclude with a summary of the content from all the previous chapters.
This comprehensive approach aims not only to inform about the current state of child trafficking but also to contribute to the development of more effective strategies for protecting children worldwide.
II. The Reality of International Child Trafficking for Illegal Adoption
International child trafficking for illegal adoption is a criminal practice that violates fundamental children’s rights and undermines the credibility of the adoption institution. According to legal literature, this practice involves the irregular displacement of children to other countries without compliance with legal requirements and without proper oversight by competent authorities. Often, this crime is associated with other offenses, such as document forgery, abduction, and corruption of public officials.
The definition of child trafficking for illegal adoption encompasses the actions of recruiters who exploit the social and economic vulnerability of families, often making deceptive promises of a better life for the child. This practice differs from legal adoption, which follows strict criteria established by international conventions, such as The Hague Convention on Intercountry Adoption. Legitimate adoption prioritizes the best interests of the child, whereas trafficking is financially motivated and disregards child protection.
Among the characteristics of child trafficking for illegal adoption, the involvement of globally organized criminal networks is notable, as they facilitate the illicit transfer of minors across countries. These networks frequently exploit legal and enforcement loopholes to transport children under false identities, making their location and reintegration into their biological families more difficult. Additionally, the lack of formal registration of children renders the practice even more obscure and challenging for authorities to address.
Another significant factor is the jurisprudential divergence concerning the classification of the crime. In some cases, proving the specific intent of those involved presents difficulties, resulting in legal uncertainty. For instance, the Brazilian Statute of the Child and Adolescent (ECA) criminalizes the irregular sending of children abroad without fulfilling legal formalities; however, the practical application of this norm faces challenges, particularly due to the complexity of investigations.
Furthermore, the COVID-19 pandemic has significantly impacted child trafficking. The economic crisis and restrictive mobility measures have increased the vulnerability of many families, making them more susceptible to recruitment. The use of the internet has also facilitated the activities of criminals, who have resorted to digital platforms to mediate illegal adoptions.
Distinguishing between legitimate intercountry adoption and child trafficking is essential to ensuring the protection of minors. While adoption follows formal protocols and involves the participation of central authorities, trafficking is characterized by a lack of legal oversight and the financial interests of those involved. Combating this practice requires strengthening international cooperation, improving monitoring mechanisms, and promoting public policies that reduce the vulnerability of at-risk families.
Therefore, child trafficking for illegal adoption constitutes a severe violation of human rights and demands a vigorous response from states and the international community. Enhancing national legislation and implementing effective preventive and repressive measures are crucial to protecting children and ensuring that adoption occurs within the legal and ethical parameters necessary for their well-being.
The illicit networks involved in child trafficking for illegal adoption operate through well-established routes, often exploiting socio-political vulnerabilities and legal loopholes. These routes typically connect developing countries, where children are recruited, to wealthier nations, where the demand for adoption is high. South America, Southeast Asia, and Africa are among the main regions of origin for trafficked children, while North America and Western Europe are the primary destinations.
In South America, countries such as Brazil, Colombia, and Peru report significant cases of child trafficking for adoption. Organized criminal groups take advantage of weak border controls and corruption within government agencies to transport children across borders. Many of these children are taken from impoverished communities and indigenous populations, where parents are often deceived and persuaded to relinquish custody under false promises.
Brazil has been one of the main source countries for child trafficking for illegal adoption, with established routes connecting vulnerable regions to countries in Europe and North America. Many recorded cases involve children taken from indigenous and quilombola communities, where a lack of documentation and social isolation make tracking the victims difficult.
In the Northern Region, the state of Pará is one of the main hotspots for child trafficking due to its extensive river network and the difficult access to many riverside communities. Children are often transported to other states or directly abroad using forged documents. Amazonas faces similar challenges, as its proximity to international borders facilitates the clandestine movement of minors.
The Northeast, particularly Maranhão and Ceará, has high rates of child disappearances linked to trafficking. Many children are taken from extremely poor families under deceptive promises of social assistance and opportunities abroad. In these states, there are reports of illegal adoptions in which foreign families paid intermediaries to expedite fraudulent processes.
In the Center-West region, proximity to neighboring countries such as Bolivia and Paraguay makes states like Mato Grosso and Mato Grosso do Sul strategic points for child movement. Trafficking often occurs under the guise of adoptions facilitated by clandestine organizations, which forge documents to legalize the children’s departure from the country.
The most common destination countries include the United States, Canada, Italy, and France, where the demand for international adoptions is high. In several cases, international authorities have uncovered fraudulent schemes involving Brazilians, leading to increased oversight of adoptions from Brazil. However, traffickers continue to exploit legal loopholes and increasingly sophisticated methods to circumvent regulations.
Including the United States, Canada, and several European nations, awareness of the risks associated with international adoption has increased significantly. Several high-profile cases have led to stricter oversight and the implementation of regulatory measures to ensure ethical adoption processes.
Combating child trafficking for illegal adoption requires coordinated actions between national and international authorities. Strengthening border control mechanisms, training enforcement agents, and creating awareness campaigns are essential measures to address this issue. Furthermore, cooperation between Brazilian states and international organizations must be intensified to ensure that children are not illegally removed from their families without proper legal protections.
Brazil has made progress in developing public policies to combat child trafficking but still faces significant challenges. The implementation of new technologies for tracking missing children, strengthening the National Adoption System, and expanding the role of agencies such as the Federal Police and the Public Prosecutor’s Office are essential steps to prevent more children from falling victim to this cruel and inhumane crime.
Corruption enables child trafficking to thrive, undermining efforts to combat this crime. In numerous cases, public officials responsible for document control, such as notaries and immigration authorities, have been bribed to facilitate the issuance of falsified documents. Additionally, judicial delays and a lack of proper oversight contribute to the impunity of those involved.
A prominent example occurred in Paraguay, where an illegal adoption scheme involved judges and lawyers manipulating legal processes to send children abroad illegally. Similar cases have been identified in Guatemala and Cambodia, where child trafficking for adoption led to the suspension of international adoption programs due to widespread abuses and irregularities.
The structure of organized crime in child trafficking for illegal adoption operates in a sophisticated and coordinated manner. These groups have different levels of operation, including recruiters who identify vulnerable families, intermediaries responsible for document forgery, and international contacts who facilitate the entry of these children into foreign adoption systems. Corruption plays a crucial role in ensuring that irregularities go unnoticed, allowing public officials, judicial members, and even social assistance professionals to collaborate directly or indirectly with these schemes.
In Brazil, several regions are more vulnerable to child trafficking due to factors such as extreme poverty, difficult inspections and extensive borders. States in the North and Northeast, where indigenous and riverside communities face social precariousness, are often targets of these networks. In some of these locations, there are reports of families who were deceived with false promises of a better life for their children abroad. The falsification of birth certificates and the creation of fictitious identities for trafficked children are common practices facilitated by corruption in registry offices and official bodies.
At an international level, countries such as Guatemala, Cambodia and Russia have also been epicenters of major scandals involving child trafficking for adoption. In these nations, the connivance of judges and public officials was essential for thousands of children to be sent abroad illegally. In the United States and Europe, on the other hand, growing concern about illegal adoptions has led to the implementation of stricter regulations and the suspension of adoptions from certain countries suspected of involvement in child trafficking.
Corruption within adoption systems allows fraudulent processes to occur without major obstacles. In many cases, public officials accept bribes to issue falsified documents or expedite adoption processes without properly verifying the child’s origin. Furthermore, the sluggishness and bureaucracy of the judicial system make it difficult to punish those responsible, allowing these criminal schemes to continue operating for long periods without facing significant consequences.
The impact of organized crime and corruption on child trafficking is devastating. In addition to violating the fundamental rights of victims, these crimes undermine trust in public institutions and harm legitimate adoption systems. Many trafficked children completely lose contact with their biological families and grow up without knowing their true origins, an irreparable violation of their rights to identity and family life.
To combat this problem, it is essential to strengthen monitoring and control mechanisms over international adoptions. The creation of global databases on missing children, the implementation of more secure digital records, and cooperation between countries can help prevent children from being illegally taken from their families. Additionally, it is crucial to invest in training public agents so they can identify and report suspected cases of child trafficking.
III. Special Immigrant Juvenile Status (SIJS) as a Protection Mechanism
The Special Immigrant Juvenile Status (SIJS) emerges as a critical legislative response to the needs of immigrant children and adolescents facing abuse, neglect, or abandonment, representing a vital legal mechanism in the United States designed to provide protection for vulnerable youth in such situations. This legal provision was established by the Immigration and Nationality Act (INA) in 1990 and has since played a crucial role in preserving the rights and well-being of immigrant minors.
The legal framework of SIJS is based on the combination of immigration and child protection laws, reflecting the necessity of a sensitive and comprehensive approach to this population. For a minor to qualify for SIJS, a state court must formally recognize the child’s vulnerability, determining that they cannot be reunified with one or both parents due to abuse, neglect, or abandonment. Additionally, the court must find that returning the minor to their country of origin is not in their best interest, thereby establishing an essential link between immigration laws and child protection guidelines.
However, the process of obtaining SIJS involves submitting a petition to the United States Citizenship and Immigration Services (USCIS), which requires a deep understanding of immigration laws and child protection legislation. This legislative aspect underscores the importance of adequate legal representation for children, who often face significant barriers in navigating a complex system. The lack of resources and knowledge can hinder access to SIJS, perpetuating the vulnerability of children in high-risk situations.
The objectives of SIJS are multiple and significant. First, it seeks to ensure the safety and well-being of children who, due to adverse circumstances, find themselves at risk. By granting this status, the United States not only acknowledges these minors’ vulnerability but also provides a viable alternative to deportation, allowing them to remain legally in the country and thereby escape harmful environments.
Furthermore, SIJS promotes the integration of these children into American society by facilitating their access to essential services and resources, such as healthcare, education, and psychological support. This aspect is fundamental, as access to such resources can significantly impact the development and quality of life of the young beneficiaries. By ensuring that vulnerable children can build stable and secure lives, SIJS plays a crucial role in fostering a more inclusive and just society.
Therefore, the legal framework and objectives of Special Immigrant Juvenile Status (SIJS) reflect an ongoing commitment to human rights protection and child welfare. In a context where immigration is often associated with complex challenges, SIJS stands out as an effective and necessary tool for promoting the security and dignity of immigrant youth in the United States. To qualify for SIJS, a minor must meet specific criteria established by U.S. immigration legislation.
Firstly, the applicant must be under 21 years old and unmarried. This requirement ensures that the status is granted to young individuals in vulnerable situations, allowing those who find themselves in risky contexts to have access to proper legal protection. One of the most significant elements in the eligibility of SIJS is the judicial determination regarding abuse, neglect, or abandonment. A state court must declare that the minor cannot be reunified with one of the parents due to these adverse circumstances. This determination is crucial because it provides the legal foundation for granting SIJS and establishes the need for protection. Furthermore, the court must determine that returning to the minor’s home country is not in their best interest, prioritizing the child’s safety and well-being.
The process of obtaining SIJS involves several steps that must be followed methodically and carefully. The first phase consists of filing a petition with the family or immigration court. In this petition, the applicant must provide substantial documentation proving the situation of vulnerability and the circumstances that led to the need for protection. Submitting clear and compelling evidence is crucial, as the court will evaluate the validity of the claims made by the minor.
After the petition is filed, a court hearing will be scheduled. During this hearing, the judge will review the presented facts and determine whether the minor meets the necessary criteria for granting SIJS. It is essential that the minor has legal representation during this phase, as the complexity of legal matters can be challenging and requires specialized knowledge to ensure that the child’s rights are properly defended.
If the court issues a favorable decision, the next step is the issuance of a guardianship order, which formalizes the court’s determination regarding the need for the minor’s protection. The applicant must then file the petition with the United States Citizenship and Immigration Services (USCIS) using Form I-360, which is the petition for special immigrant juvenile status. It is important to include the guardianship order issued by the court along with the petition, as this proves the minor’s eligibility.
After the petition is submitted to USCIS, the applicant must wait for the agency’s decision. This process may take time and requires patience, as SIJS approval is crucial to ensure protection from deportation. If USCIS approves the petition, the minor will gain access to a range of benefits, such as medical assistance, education, and social support.
Once the I-360 petition is approved, the minor can apply for a status adjustment to permanent resident by filling out Form I-485. This final step is essential to ensure the minor’s legal stay in the United States. The approval of the I-485 results in the issuance of a green card, which provides the minor with a solid legal foundation to live and thrive in the country.
SIJS, in addition to preventing deportation, establishes a legal safety net that allows vulnerable immigrant children to rebuild their lives in a more stable environment. Many of these children flee from traumatic circumstances, such as domestic violence, forced recruitment by gangs, sexual exploitation, and extreme poverty. Therefore, SIJS not only protects them from returning to these adverse conditions but also provides them with a real opportunity for integration into the United States, allowing them to grow and develop without the constant fear of forced removal.
Once SIJS is approved, the minor can apply for legal permanent residency, ensuring a series of rights and benefits essential to their stability and well-being. The primary guarantee is protection from deportation, eliminating uncertainty and the fear of removal and providing the minor with a lasting legal status. Additionally, access to education is significantly expanded, allowing these young individuals to attend school without restrictions imposed by their immigration status, and, in many states, they gain access to financial aid for higher education, opening doors to better academic and professional opportunities.
With the attainment of permanent residency, the minor also receives work authorization, enabling financial independence and facilitating their entry into the formal job market. This is a decisive factor for them to build a dignified life, free from the vulnerabilities associated with informal labor and exploitation. Depending on the state in which they reside, SIJS beneficiaries may also have access to medical assistance, child welfare programs, and other government aid, contributing to their safety and quality of life.
Another crucial aspect of the protection granted by SIJS is its ability to remove these children from the deportation radar. This ensures that they will not be detained by immigration agents or included in removal proceedings, preventing them from being subject to detention policies that often result in inhumane conditions and prolonged separation from any existing support networks. By offering this safeguard, SIJS not only protects these minors’ legal stay in the United States but also preserves their emotional and physical integrity, allowing them to grow up in a safer environment with real prospects for a better future.
IV. Brazilian Legal Framework for Child Protection and Adoption
The Child and Adolescent Statute (ECA) is the primary Brazilian legal framework aimed at protecting and guaranteeing the rights of children and adolescents. Established by Law No. 8.069, on July 13, 1990, the ECA represents a significant advancement in how Brazil addresses childhood and adolescence, replacing the previous model, which viewed children and adolescents in vulnerable situations as “minors” subject to punishment and control, with an approach that recognizes them as full subjects of rights. Inspired by the UN Convention on the Rights of the Child, the statute sets guidelines for the protection, promotion, and defense of the fundamental rights of this group, considering their peculiar developmental condition.
The ECA guarantees children and adolescents the right to life, health, education, culture, sports, leisure, family and community relationships, dignity, respect, and freedom, in addition to protecting them against any form of exploitation, violence, neglect, or discrimination. It establishes that family, society, and the state share the responsibility of ensuring these rights, with priority given to addressing their needs. Among its fundamental principles, the concept of integral protection stands out, meaning that all actions and public policies aimed at this group must prioritize their well-being and development.
The legislation also regulates essential topics, such as the right to family and community relationships, determining that children and adolescents must grow up in a safe and harmonious environment, with priority given to staying with their biological family or, when this is not possible, in a substitute family through guardianship, custody, or adoption. The statute establishes clear rules for the adoption process, ensuring that it is carried out in the child’s best interest while respecting their right to identity and affection.
Regarding education, the ECA ensures universal access to schooling, prohibiting any form of hindrance to enrollment or school dropout due to socio-economic reasons. The law also emphasizes the need for quality education, including respect for the student’s development and protection against degrading, punitive methods. Furthermore, it reinforces the importance of public policies focused on culture, sports, and leisure as tools for social inclusion and development.
Another relevant point of the statute is the prevention and repression of rights violations, including measures to combat child labor exploitation, sexual abuse and exploitation, child trafficking, and other forms of violence. To ensure the implementation of these measures, the ECA created specific bodies, such as the Guardianship Councils, responsible for defending the rights of children and adolescents at the local level, monitoring reports of violations, and forwarding cases to the relevant authorities.
The statute also addresses the responsibility of adolescents in conflict with the law, establishing a socio-educational system based on measures proportional to the offense committed and focused on reintegration. Instead of imprisonment equivalent to adult sentences, the ECA provides sanctions such as warnings, community service, assisted freedom, semi-liberty, and confinement in socio-educational institutions, always with the aim of reintegrating the young person into society.
Since its creation, the Child and Adolescent Statute (ECA) has undergone several updates to keep up with social changes and improve its protection mechanisms. Among the most relevant changes are laws that increase punishments for crimes against children and adolescents, expand protection against domestic violence and sexual abuse, and strengthen the adoption system, making it more agile and efficient.
The Child and Adolescent Statute is one of the most advanced legislations in the world regarding the protection of children’s and adolescents’ rights. Despite the challenges in its full implementation, it represents Brazil’s fundamental commitment to promoting citizenship and the integral development of children and adolescents, reinforcing their status as priority subjects in public policy formulation and in the actions of both the State and society.
In Brazil, the Child and Adolescent Statute (ECA), established by Law No. 8.069/1990, is the primary legislation governing adoption. This legislation, along with other international laws, regulates adoption under norms designed to ensure the best interests of the child, respecting their rights and protecting them from any form of exploitation. Both Brazilian legislation and international treaties set guidelines to make the adoption process safe, transparent, and focused on the well-being of the adoptee. However, the ECA establishes adoption as an exceptional measure, primarily intended to guarantee the reintegration of children and adolescents into a stable and safe family environment. The statute stipulates that adoption should occur only after all possibilities of maintaining the child within the biological family have been exhausted, always considering the need to provide a protective and affectionate environment for the adopted child. Additionally, adoption in Brazil is irrevocable, guaranteeing stability for the child or adolescent and preventing future changes that could compromise their emotional and social security.
To carry out an adoption in Brazil, a strict procedure must be followed, which includes registering interested parties in the National Adoption Registry (CNA), psychosocial evaluation, participation in preparatory courses, and fulfilling criteria established by the ECA. Adoption can only be granted by judicial decision, and the period of living together before the final granting of custody is essential to ensure the emotional bond between the adoptive parent and the adoptee. The process aims to avoid irregular adoptions and ensure that the child or adolescent is placed in a safe and loving environment.
In addition to domestic adoption, Brazil also participates in the Hague Convention on Intercountry Adoption, an international treaty established in 1993 to regulate adoptions between countries and prevent the trafficking and exploitation of minors. International adoption in Brazil follows the same principles as national adoption but involves strict oversight from both Brazilian and foreign authorities to ensure that the adoptee is placed with a properly qualified family and that the procedures respect the child’s fundamental rights. According to the Hague Convention, international adoption is only allowed when there is no possibility of placing the child in a family within their country of origin.
On the international stage, the UN Convention on the Rights of the Child, adopted in 1989, also establishes principles to ensure that all adoptions occur in the best interest of the child, preventing abuse and ensuring that the process is carried out ethically and transparently. The Convention emphasizes that adoption must ensure the child’s right to identity, nationality, and continuity of family ties whenever possible.
Another relevant point in international adoption norms is the need to respect the child’s culture and ties to their origin. Countries that have adopted the Hague Convention commit to avoiding adoptions that could result in abrupt disruptions to the child’s identity, ensuring that they have access to their history and, whenever possible, maintain links with their culture of origin.
Due to the growing problem of child trafficking, it is now a priority to establish a legal framework that prioritizes the prevention of this crime. Child trafficking constitutes a severe violation of human rights, involving illicit practices such as sexual exploitation, forced labor, illegal adoption, and other forms of abuse. In light of the gravity of this crime, Brazil has adopted strict measures to combat these practices, establishing guidelines for prevention, repression, and victim support, in line with international treaties and national legislation.
Brazil’s legislation for the protection of children and adolescents, the ECA, establishes the rights of this group and defines the shared responsibility between family, society, and the state in ensuring their protection. The statute criminalizes any form of neglect, violence, and exploitation, foreseeing severe penalties for those who violate the dignity and fundamental rights of minors.
One of the essential strategies of the statute in combating child trafficking is the strict monitoring of minors’ departures from the national territory. Article 83 of the ECA establishes that no child or adolescent can travel abroad without the express authorization of both parents or the legal guardian, except by judicial order. This measure aims to prevent minors from being taken illegally to other countries, reducing the risks of irregular adoption and exploitation. In addition, there are specific rules for national and international adoption, ensuring that the entire process occurs within legal parameters and is supervised by the competent authorities.
The ECA also provides for the work of Guardianship Councils, bodies responsible for ensuring the enforcement of children’s and adolescents’ rights and intervening whenever there is a risk of violation. The guardianship counselors have the duty to act in cases of suspected child trafficking, contacting the protection network and forwarding reports to the relevant authorities. Simultaneously, the statute reinforces the need for integration between justice, social assistance, and public security institutions to investigate, punish those responsible, and ensure the care of the victims.
In addition to the ECA, the Brazilian Penal Code, through Law No. 13.344/2016, brought significant advances in combating human trafficking. The punishment for those who engage in child trafficking is severe, with specific penalties provided in the Penal Code, including provisions to curb the trafficking of children and adolescents. The law defines the crime of trafficking in persons for the purpose of exploitation, imposing strict sanctions on those involved. Among the preventive measures, the law establishes actions of cooperation between public security agencies, social policies, and strengthens mechanisms for monitoring borders, airports, and bus terminals.
This law is known as the Human Trafficking Combat Law and establishes crucial measures to combat human trafficking in Brazil, including child trafficking, while providing various sanctions for those who commit this crime. Created to implement and reinforce the measures outlined in international conventions, such as the Palermo Protocol, the law aims to prevent, suppress, and punish human trafficking, with an emphasis on victim protection and the repression of this crime.
The law classifies human trafficking and details severe punishments for offenders. Article 1 of Law No. 13.344/2016defines the crime of human trafficking, covering the trafficking of children and adolescents. This article establishes that human trafficking is punishable by imprisonment from 3 to 8 years and a fine. In addition, the penalties may be increased under certain circumstances, such as if the victim is under 18 years old. In this case, the penalty may be increased by one-third to two-thirds. The penalties may also be aggravated if the victim suffers violence or threats during the trafficking, or if the trafficking is done with the intention of sexual exploitation or forced labor. If the trafficking is committed for illicit purposes, such as organ trafficking or illegal adoption, the penalty will also be increased. These aggravations result in even harsher sentences for those who engage in the trafficking of children and adolescents.
Law No. 13.344/2016 also establishes that the state must create public policies for the prevention and combat of human trafficking, with measures of protection for victims and support during the judicial process. The law stipulates that, in cases of child trafficking, the children and adolescents who are victims must be immediately sheltered, protected, and assisted, ensuring that they receive the necessary support for their recovery and reintegration into society.
In addition to penalties for offenders, the law also provides protective measures for victims of human trafficking, including children and adolescents. The victim can be placed under the protection of security agencies and specialized institutions, such as shelters, and can receive legal, psychological, and social assistance to ensure their reintegration into society. This protection network aims to minimize the damage caused by trafficking situations and help victims overcome trauma and restart their lives with dignity.
Furthermore, the legal framework specifies that the trafficking of children for the purpose of illegal adoption is a crime that is severely punished. Trafficking for illegal adoption is considered a serious violation of children’s and families’ rights and is treated as a crime with sentences of imprisonment from 3 to 8 years, with the possibility of increased penalties, as mentioned earlier. This measure seeks to curb the practice of irregular adoptions, where children are taken from their families or illegally acquired for exploitation purposes.
Law No. 13.344/2016 also addresses the criminal responsibility of legal entities involved in human trafficking. Article 4 of the law defines that companies or organizations directly or indirectly involved in the exploitation of children or human trafficking can be penalized with fines and administrative sanctions. This measure aims to curb the participation of companies and organizations that, in any way, benefit from or collaborate with human trafficking, including the exploitation of children, and reinforces the need to hold all involved in this crime accountable.
In summary, Law No. 13.344/2016 provides a robust and comprehensive legal framework for combating human trafficking, with a specific focus on the protection of children and adolescents, and establishing severe penalties for offenders. It also provides for the creation of preventive public policies, assistance to victims, and accountability of entities involved in trafficking, aiming not only at repression but also prevention and victim support, especially for those who are children or adolescents.
Among the main preventive strategies adopted by Brazil, the work of specialized agencies, such as the Federal Police, stands out, playing a key role in monitoring and repressing the trafficking of children. Inspection actions at strategic points, such as airports and international borders, are crucial to preventing the illegal departure of minors from the country. Additionally, initiatives such as the Program for the Protection of Children and Adolescents Threatened with Death (PPCAAM) provide support and shelter for victims and their families, preventing re-victimization and ensuring social reintegration.
V. Comparative Analysis: SIJS and Brazilian Child Protection Laws
The Juvenile Justice System (SIJIS), the Statute of Children and Adolescents (ECA), and the Criminal Code, especially with the inclusion of Law No. 13.344/2016, are important legal frameworks in the protection of children and adolescents against human trafficking, including child trafficking. Each of these instruments plays an essential role but with distinct characteristics and approaches to combating this crime and protecting victims.
The SIJIS is a specialized system aimed at ensuring justice and protection for children and adolescents involved in vulnerable situations, such as human trafficking. It is designed to monitor and protect victims within the judicial system, with specialized professionals ensuring that the process is sensitive to the needs of the child or adolescent. The focus of SIJIS is to ensure that, in addition to holding offenders accountable, victims receive the necessary support for their recovery and social reintegration, with access to psychological, social, and legal services. However, SIJIS faces significant challenges in terms of resources and coordination between different levels of government and specialized services. The overload of professionals and lack of adequate infrastructure hinder the full and effective implementation of victim protection in cases of child trafficking.
The ECA, in turn, is a comprehensive piece of legislation that ensures the fundamental rights of children and adolescents, creating a complete system of protection against exploitation and abuse, including trafficking. By guaranteeing rights such as the right to life, education, health, and family life, the ECA addresses child trafficking directly, ensuring that victims are protected, sheltered, and assisted by a support network. The ECA also establishes penalties for those responsible for crimes involving child trafficking, setting sanctions for both individuals and legal entities. While the ECA is a powerful tool for protection, it faces difficulties in efficient implementation in many regions, where the lack of resources and the overload of judicial systems hinder the full effectiveness of the law. The complexity of situations involving child trafficking also requires the integrated action of various bodies, which is not always possible due to the lack of coordination and collaboration.
The Brazilian Criminal Code, reinforced by Law No. 13.344/2016, provides specific treatment for human trafficking, including child trafficking. Article 231-A, inserted by this legislation, criminalizes human trafficking and establishes severe penalties, which can range from 3 to 8 years of imprisonment, with increased penalties if the victim is under 18 years old. The law also establishes stricter penalties if trafficking involves violence, threats, sexual exploitation, forced labor, or illegal adoption. This provision is a powerful tool to punish criminals and reinforce the fight against child trafficking. However, the application of this law depends on an effective structure for oversight, investigation, and punishment, which is not always guaranteed given the complexity and transnational nature of human trafficking. Additionally, the Criminal Code and Law No. 13.344/2016 do not directly address measures for the reception and reintegration of victims, which are the responsibility of other policies, such as those provided by the ECA.
Although SIJIS, ECA, and the Criminal Code with Law No. 13.344/2016 are complementary and essential tools for addressing child trafficking, they face significant limitations. SIJIS and ECA focus more on protecting and supporting victims, ensuring their reintegration and well-being, while Law No. 13.344/2016 and the Criminal Code focus on punishing offenders and preventing the crime. The primary limitation of these systems is the need for greater coordination between government spheres, improved infrastructure, and increased societal awareness to ensure that protection policies are effective and reach all those in need. Success in combating child trafficking depends on integrated action between different legal tools and responsible bodies, as well as continuous commitment to promoting education, prevention, and the effective application of justice.
The Juvenile Justice System (SIJIS) is a network of specialized institutions and procedures that ensure the protection of children’s rights within the U.S. immigration judicial system. The main objective of SIJIS is to ensure that child victims of crimes, such as trafficking, receive proper treatment throughout the judicial process, with the presence of specialized professionals like judges, prosecutors, and public defenders. SIJIS focuses on the reception, reintegration, and protection of victims, prioritizing humanized treatment and the reintegration of children and adolescents into family and social life. In relation to child trafficking, SIJIS stands out by ensuring that the victim is not re-victimized during the process and that their well-being and rights are respected.
On the other hand, the ECA establishes a set of fundamental rights for children and adolescents, in addition to determining public policies for protection, prevention, and repression of abuse, exploitation, and trafficking of children. ECA is a comprehensive legal framework that defines a child as a person in a peculiar situation of development, and therefore more vulnerable. The legislation clearly provides for punishment for those who exploit or traffic children, imposing severe sanctions on those who violate these rights. Like SIJIS, the ECA also prioritizes the victim, ensuring their protection and offering a range of rights, including the right to health, education, and family life. However, ECA does not specify penalties as detailed as those in Law No. 13.344/2016 or the Criminal Code, as its focus is on broadly ensuring rights and the protection of children and adolescents.
The Criminal Code, with the addition of Law No. 13.344/2016, offers a more punitive approach to child trafficking, criminalizing human trafficking as a serious crime and imposing severe penalties. Article 231-A of the Criminal Code defines human trafficking, including child trafficking, and sets penalties ranging from 3 to 8 years of imprisonment, which can be increased in the case of aggravating factors such as violence, sexual exploitation, or illegal adoption. This law primarily focuses on punishing offenders and repressing the crime, offering a more immediate response to offenses. The main difference compared to ECA and SIJIS is that the Criminal Code, alongside Law No. 13.344/2016, has a clear focus on the criminalization of trafficking and the penalties for criminals, while the other legislations emphasize more on the protection of victims.
Regarding similarities, all of these legal instruments share the common commitment to protecting children and adolescents from trafficking. ECA,
SIJIS and the Penal Code ensure that victims of trafficking are treated with dignity, provided with assistance, and have access to specialized services in health, education, and social support. All aim to ensure that children are not re-victimized and receive the necessary support for recovery and social reintegration. Furthermore, all three legal instruments share the principle of accountability, whether through protective measures and rehabilitation of victims (ECA and SIJIS) or by punishing criminals (Penal Code and Law No. 13.344/2016).
The differences between the three are mainly in their focus and approaches. SIJIS is focused on the treatment and protection of victims within the justice system, ensuring specialized and humanized care. ECA, in turn, covers a broader range of rights and public policies aimed at protecting childhood and adolescence, including the prevention and suppression of trafficking, but with an emphasis on the protection and well-being of children, rather than necessarily adopting a punitive approach. The Penal Code, with Law No. 13.344/2016, takes a more punitive and repressive approach, detailing penalties for human trafficking and increasing punishments for those who traffic children, focusing on the criminalization of the act and the punishment of offenders.
Addressing international child trafficking is a complex issue that requires coordinated action between different legislations and protection systems, both national and international. In the Brazilian context, the Children’s Justice System (SIJIS), the Child and Adolescent Statute (ECA), and the Penal Code, with the inclusion of Law No. 13.344/2016, are important legal milestones in combating this crime. Although each of these instruments has its own approach, there are gaps and areas for improvement that need to be addressed in order to combat international child trafficking more effectively.
SIJIS, in Brazil, works to ensure that children and adolescents involved in crimes, such as human trafficking, are protected throughout the judicial process. However, one of the main gaps is the lack of coordination with other countries and the absence of an integrated data system. When child trafficking involves several countries, the lack of collaboration between protection networks and justice systems in different territories prevents victims from being identified and rescued efficiently. A real example of this occurs when children are taken from Brazil to other countries, such as the United States or European nations, without effective communication between Brazilian and international authorities. The creation of global digital monitoring platforms and communication between countries could allow for continuous and agile tracking of victims and traffickers, improving the efficiency of SIJIS in combating international child trafficking.
ECA, in turn, ensures a broad range of rights and protective measures for children and adolescents in Brazil, including those who are victims of trafficking. However, its action is restricted to national territory, which limits its effectiveness when trafficking involves other countries. ECA does not have direct application outside Brazil and, therefore, cannot fully guarantee the rights of children who are victims of international trafficking. Furthermore, ECA also faces challenges in the practical application of public policies, which are often hindered by a lack of resources and the lack of integration with other international protection systems. An example of this is the case of Brazilian children trafficked for sexual exploitation in other countries who do not receive the necessary support from international child protection services. Strengthening international partnerships with organizations like the UN, UNICEF, and INTERPOL can help increase the effectiveness of ECA, enabling its guidelines and policies to be implemented in the international context as well.
The Penal Code, with Law No. 13.344/2016, is one of the most direct instruments in the fight against human trafficking, including child trafficking. Article 231-A of the Brazilian Penal Code, inserted by Law No. 13.344/2016, classifies the crime of human trafficking and imposes severe penalties for those who traffic children. However, when trafficking is transnational, the difficulties increase, as the application of the legislation depends on cooperation between the judicial and security authorities of different countries. In many situations, investigations face legal and logistical barriers, such as the lack of bilateral and multilateral agreements between the countries involved in trafficking. For example, cases of Brazilian children trafficked for sexual exploitation in Europe or the Middle East often face difficulties in investigations due to the complexity of the legislation of each country. Expanding international agreements for legal and police cooperation is crucial to ensure that traffickers are held accountable and victims are rescued.
One of the major gaps in Brazilian legislation in combating international child trafficking is the lack of an integrated and coordinated international cooperation system. Although Law No. 13.344/2016 established the classification of trafficking and the imposition of severe penalties, the application of this legislation depends on agreements and measures that involve international cooperation. When child trafficking occurs between different countries, it is essential that there are clear communication protocols and joint actions between authorities, such as in cases of extradition or international rescues. The lack of financial resources also hinders the action of Brazilian authorities in combating international child trafficking, as well as making it difficult to train specialized professionals, such as police officers and lawyers, to deal with the transnational aspects of this crime.
To improve the implementation of these laws and combat international child trafficking, Brazil needs to invest in some key areas. Strengthening international partnerships is fundamental. Signing bilateral and multilateral agreements to facilitate cooperation between countries in child trafficking situations can ensure that investigations are faster and that victims are rescued more efficiently. Additionally, the implementation of global monitoring platforms and information exchange between countries can be decisive in detecting and interrupting trafficking routes, identifying traffickers and victims more quickly.
Another crucial point is the need to expand the training of professionals specialized in international child trafficking, such as immigration agents, police officers, lawyers, and social workers, to handle the complexity of this crime. Improving international support and reception networks for victims is also essential, ensuring that children trafficked to other countries receive appropriate psychological, social, and legal support, as well as safe reintegration into their country of origin.
VI. Challenges in Implementing Protective Measures
The identification and rescue of internationally trafficked children face several challenges, mainly due to the complexity of transnational trafficking networks and the lack of coordination between countries. Often, children are moved to countries with different legal and cultural systems, making it difficult to identify and verify their origin. Additionally, child trafficking often involves document forgery and the use of clandestine routes, making the tracking process more difficult. The lack of efficient communication between authorities in different countries also prevents the rapid exchange of information and the necessary coordination for rescue operations. The absence of robust international cooperation agreements and the scarcity of financial and human resources specialized in handling transnational trafficking further exacerbates these difficulties, delaying the actions of authorities and increasing the vulnerability of the victims.
Furthermore, there are not only obstacles in identifying children, but also bureaucratic and legal barriers in the Juvenile Justice System (SIJIS) and in Brazilian adoption laws, which present significant challenges for the protection of children and the guarantee of their rights, especially in cases of child trafficking or illegal adoption situations.
In the case of SIJIS, one of the main obstacles is the lack of coordination between the various agencies responsible for child protection. Often, institutions that should act in an integrated manner, such as the Public Defender’s Office, the Public Prosecutor’s Office, the Guardianship Councils, and the Police, face communication and cooperation difficulties. This lack of integration can delay victim assistance, making it harder to make quick and effective decisions. Additionally, the overloaded shelter service network, which lacks the necessary infrastructure to assist all children who are victims of abuse or trafficking, makes the system even more vulnerable to failures in the protection process.
Another important obstacle in SIJIS is the slowness of the judicial process, caused by the sluggishness of the system and the lack of resources to address all demands. This impedes the agility needed to ensure the quick and effective rescue of children at risk. The lack of proper training for professionals who directly handle these cases is also a challenge, as many professionals lack the specialized training to identify trafficking signs or to handle victims appropriately.
As for Brazilian adoption laws, one of the main bureaucratic obstacles is the slow and complex process, which can take years. Although adoption laws, such as the ECA, aim to ensure that children are adopted by trustworthy families, the requirement for a rigorous adoption analysis and the demand for a waiting list often result in long waiting periods, which can lead to weaknesses in the care of children at risk. Additionally, the lack of constant oversight in adoption processes can allow for illegal adoption to occur, especially when a child is removed without proper legal guarantees or when there are hidden interests involved. The lack of updates to records and excessive bureaucracy also hinders the effective monitoring of adoptions and can be used to cover up illegal practices, such as trafficking children for adoption.
These obstacles, both in SIJIS and in adoption laws, reflect the urgent need for reforms in legal and administrative systems. Improving integration between institutions, streamlining the judicial process, and increasing investments in infrastructure and training are essential steps to overcome these challenges and ensure the proper protection of children, preventing exploitation and trafficking, and promoting safe and legitimate adoptions.
One of the tools for addressing this issue is international cooperation, as it is a global problem involving victims and perpetrators from different countries. International cooperation plays a fundamental role in combating child trafficking because the transnational nature of this crime requires joint efforts between different countries and international organizations. Child trafficking often crosses borders, with children being captured in one country and taken to another, where they are exploited in various ways, such as forced labor, sexual exploitation, or trafficking for illegal adoption. In this context, cooperation between nations becomes indispensable to identify and arrest traffickers and to protect the victims.
One of the main reasons for the importance of international cooperation is that, without the exchange of information between countries, traffickers can operate with relative ease, crossing borders and avoiding detection. Collaboration and communication protocols between law enforcement authorities, such as INTERPOL, UNICEF, and the UN, are essential for monitoring trafficking routes and coordinating actions that enable the identification and rescue of child victims. Moreover, bilateral and multilateral agreements between countries allow for the extradition of traffickers and the integration of legal processes, ensuring that criminals are held accountable regardless of the country where they operate.
International cooperation also facilitates the creation of support networks for victims, offering legal, psychological, and social assistance to children rescued from trafficking situations. Often, victims are transported to countries where they have no support or familiarity, making them vulnerable to exploitation. Cooperation between countries allows children to be safely welcomed and returned to their country of origin or placed in specialized centers abroad until their situation is resolved.
Furthermore, international cooperation can help strengthen laws and policies combating child trafficking in countries, providing training for local authorities and allowing for the exchange of best practices in combating the crime. This exchange of experiences and knowledge is essential for updating approaches and increasing the effectiveness of strategies adopted.
However, combating child trafficking is a global challenge that requires continuous and effective collaboration between countries. International cooperation enables the exchange of information, coordination of rescue operations, accountability of criminals, and the protection of victims. Without this collaboration, child trafficking networks would continue to operate with impunity, endangering the lives of thousands of children around the world.
VII. Recommendations for Strengthening Protections Against Child Trafficking
In the United States, the Juvenile Justice System (SIJS) faces several challenges in protecting children and adolescents, particularly regarding the fight against child trafficking, abuse, and neglect. To improve the protection of children within this system, it is essential to implement policies that integrate the various responsible agencies, improve victim services, accelerate judicial processes, and strengthen collaboration between states and the federal government.
One of the most important policy suggestions would be more effective integration and coordination between the various agencies involved in child protection, such as the police, child protection services, courts, defense attorneys, and social services. In the United States, many times, agencies do not communicate effectively, which can result in failures in the care and protection of children. Creating integrated information systems and communication protocols between agencies can ensure a faster and more efficient response to cases of abuse, neglect, or child trafficking.
Furthermore, continuous training for the professionals involved in the SIJS is essential. Although many professionals, such as social workers, police officers, attorneys, and judges, have basic training, specialization in areas like child trafficking, sexual abuse, and specialized care for children who have experienced trauma is critical. Ongoing training and updating programs will allow these professionals to more effectively identify signs of trafficking and abuse, as well as provide more appropriate care to meet the needs of victims.
Another important policy would be strengthening the network of shelters and support for children who are victims of abuse and trafficking. Many shelters in the United States face issues such as lack of resources, overcrowding, and lack of specialized services to deal with trafficking victims. Investing in shelters and specialized centers that offer psychological, legal, and social assistance can ensure that children have the necessary support to overcome trauma and reintegrate into society safely. Additionally, adoption programs and family reintegration should also be strengthened, ensuring that children are placed in safe and appropriate homes.
The acceleration of judicial processes is also a crucial measure. The justice system in the United States, while robust, can be very slow, especially in cases of child abuse and trafficking. Creating specialized courts for children and adolescents, with a focus on quickly and effectively resolving these cases, would help reduce waiting times and ensure a quicker response to protect victims. Furthermore, prioritizing child trafficking cases in courts and reducing bureaucracy could also speed up decisions, minimizing the risk of children remaining in vulnerable situations for long periods.
Another important suggestion would be expanding international collaboration policies to combat child trafficking. Child trafficking is a transnational crime, and therefore cooperation between the United States and other countries is essential. Creating international agreements for information exchange and joint operations between countries, with the participation of agencies like the FBI, INTERPOL, and other global organizations, is essential to identify and rescue victims and arrest traffickers who operate across borders. International cooperation can be strengthened by creating rescue and protection protocols for children who are victims of trafficking, allowing them to be quickly located and returned to their countries or sent to appropriate protection centers.
Furthermore, improving international adoption regulations in Brazil is essential to ensure that the adoption process is safe, transparent, and in the best interests of the child. One of the main ideas would be to strengthen the oversight and monitoring of international adoption processes, ensuring that all adoptions are carried out ethically, legally, and transparently, without involvement from trafficking networks or illegal adoptions. This could be achieved by creating specialized agencies that closely monitor the adoption processes and ensure compliance with Brazilian legislation and international conventions.
Additionally, it is important to enhance the training of professionals involved, such as judges, lawyers, and social workers, so they can appropriately address the emotional, legal, and cultural aspects involved in the international adoption process. Creating clear and accessible protocols for international adoption, with well-defined timelines and greater transparency, is also essential to avoid ambiguities and delays in the processes.
Finally, strengthening international cooperation is an important measure. Brazil could establish more effective partnerships with countries of origin for the children and international organizations, such as the Hague Convention on Intercountry Adoption, to ensure legal security and protection for the children in all aspects of the adoption process. These changes would be fundamental to improving the quality, ethics, and efficiency of international adoptions, always ensuring that the best interests of the child are prioritized.
However, it becomes clear that increasing global collaboration to combat child trafficking is an urgent need in an increasingly globalized world, where criminal networks often operate without borders. To strengthen international responses to this horrific crime, several strategies can be implemented, focusing on strengthening cooperation between governments, international organizations, law enforcement, NGOs, and civil society.
One of the main ideas is to strengthen information exchange mechanisms between countries. Child trafficking is a transnational activity, and often, victims are trafficked through different countries and continents. Creating communication and rapid alert systems between the security authorities of different countries could allow for coordinated and swift action. Organizations such as INTERPOL already play a key role in this aspect, facilitating the sharing of information about child trafficking networks. However, greater integration and standardization of these systems, based on international norms, could significantly increase the efficiency of this cooperation.
Another important strategy is to strengthen the role of international organizations like UNICEF and the UN, which have significant influence in promoting human rights. These organizations can act as intermediaries to facilitate international agreements and protocols, as well as develop ongoing training for professionals directly involved in combating child trafficking, such as police officers, judges, social workers, and lawyers. Promoting unified international protocols, such as the Hague Convention, can also help create global standards that all countries can adopt, facilitating the process of identifying and rescuing victims.
Cooperation between NGOs and government agencies is also essential. Organizations like Save the Children and the Polaris Project, which already operate globally in combating human trafficking, can be key partners for governments in implementing effective public policies and creating support networks for trafficking victims. The collaboration between NGOs and governments can take place in various areas, such as establishing shelters, providing legal services for victims, and supporting social reintegration. NGOs also play an important role in raising public awareness about the risks of child trafficking and promoting a culture of protection for children’s rights.
An effective approach would also involve the use of technology and innovation. Artificial intelligence, for example, can be used to track patterns and identify trafficking networks in real-time by using data from various countries. The creation of digital platforms for monitoring and surveillance of potential trafficking routes can enable authorities to identify and interrupt criminal activities more quickly. Additionally, mobile apps and tracking technologies can also be used to identify trafficking victims and facilitate their rescue, ensuring that these children are found swiftly.
Public education and awareness should also be an integral part of this global collaboration. Countries and international organizations can promote educational campaigns in high-risk areas to raise awareness about child trafficking and teach parents and communities the warning signs. The formation of local protection networks, involving schools, doctors, social workers, and other community members, can increase vigilance and reporting of trafficking cases. Awareness efforts should also include training for local authorities and public servants, ensuring they know how to handle the signs of child trafficking and how to ensure a sensitive and effective approach to victim protection.
Moreover, coordinating efforts in implementing public policies is crucial. A successful strategy in combating child trafficking must involve the creation of strong legislation in each country, as well as ensuring there is a connection between the laws of different countries to facilitate the arrest of criminals who operate across borders. The creation of bilateral and multilateral legal cooperation treaties can ensure that criminals are prosecuted according to international standards and that victims are protected, regardless of the country they are in.
Finally, the mobilization of financial resources is also crucial in addressing child trafficking. For all these strategies to be effective, it is necessary to ensure there is sufficient funding to implement the proposed actions. This includes funding awareness campaigns, training professionals, establishing shelters for victims, and strengthening law enforcement agencies. International cooperation can help ensure a fairer distribution of financial resources, allowing countries with fewer resources to receive the necessary support to combat child trafficking.
VIII. Conclusion
Child trafficking for illegal adoption is a serious violation of human rights, and both the United States’ Juvenile Justice System (SIJS) and Brazilian legislation, including the ECA and Law No. 13.344/2016, play crucial roles in addressing this issue. Both legal frameworks provide specific measures to prevent child trafficking, punish those responsible, and ensure the protection of victims. The SIJS, for example, focuses on the protection of children at risk in the United States, offering a legal process to ensure the safety and rights of children, particularly in the context of immigration. On the other hand, Brazilian legislation, with the ECA and the Law to Combat Human Trafficking, establishes a robust system for the prevention and punishment of those who commit this crime, including specific measures for illegal adoption.
The importance of strengthening legal protections for vulnerable children is essential to ensure that the legal and social systems in both countries respond adequately to child trafficking, preventing exploitation and providing comprehensive support to victims. Strengthening these laws can ensure that children are treated with dignity, have access to appropriate care, and are protected from criminal networks.
Finally, international efforts to combat illegal adoption must be intensified, with more collaboration between countries, international organizations, and NGOs to ensure that child trafficking is dismantled globally. The creation of international protocols, increased transparency, and strengthening cooperation between nations are key to ensuring that at-risk children are identified, protected, and rescued, and that those responsible for this crime are brought to justice.
IX. Bibliography
Immigrant Legal Resource Center. 2021. PART II: SPECIAL IMMIGRANT JUVENILE STATUS FOR CHILDREN AND YOUTH UNDER JUVENILE COURT JURISDICTION, CHAPTER 3, INTRODUCTION AND OVERVIEW TO SPECIAL IMMIGRANT JUVENILE STATUS.
Erin L. McAuliffe. 2024. Undocumented Immigrant Youths and Special Immigrant Juvenile Status (SIJS): At the Crossroads of Child Welfare and Immigration Policy.
Legislation, Statutes and Conventions
Statute of the Child and Adolescent, Law No. 8.069, of July 13, 1990 (Braz.).
Law to Combat Human Trafficking, Law No. 13.344, of October 6, 2016 (Braz.).
Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption, May 29, 1993, 1870 U.N.T.S. 167.
Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, Nov. 15, 2000, 2237 U.N.T.S. 319 (known as the “Palermo Protocol”)
