How they work

The facilities and material means of support necessary for the operation of the protection commissions are provided by the municipality.

The working capital and the money to hire insurance for those members who are appointed by certain entities (usually those where their representatives have no employment relationship), are the responsibility of the municipality. Administrative support is also the responsibility of the municipality.

To this end, it is possible to conclude cooperation protocols with the State services represented in the National Commission for the Promotion of the Rights and Protection of Children and Youth.

On July 31, 2017, the CNPDPCJ concluded a protocol with the National Association of Portuguese Municipalities, which regulates the contribution that that entity delivers to each municipality, to support the operation of each CPCJ - Article 14 of the LPCJP The administrative authorities and police entities have the duty to collaborate with the protection commissions in the exercise of their duties, with the duty of collaboration also incumbent on natural and legal persons who are requested to do so - Article 13 of the LPCJP.

The members of the protection committee represent and obligate the services and the entities that designate them. The functions of the members of the protection committee, within the scope of its competence, have priority over those they exercise in their respective services and constitute a mandatory public service - Article 25 of the LPCJP.

Promotion and Protection Process When a child is allegedly in danger, the CPCJ initiates a process of promotion and protection and requests the consent of the parents to be able to intervene. If the child does not have parents, the CPCJ requests consent from the legal representative, or if there is no legal representative, from the person who has de facto custody.The CPCJ no longer has standing to intervene in the case. that the parents, legal representative or the person who has de facto custody withdraw their express consent to the intervention – Article 9 of the LPCJP.

In the event that the parents do not give consent, the CPCJ does not cease to have legitimacy because it never acquired it.

The process of promotion and protection is of a reserved nature.

The parents, the legal representative, the persons who have de facto custody and the child can consult the file in person or through a lawyer - Article 88 of the LPCJP.

Civil Sponsorship Process When the child has no family and cannot be adopted, civil patronage can be a solution. The CPCJ will propose to the court to decree the constitution of this bond. The CPCJ will follow up later. Civil Sponsorship is provided for and regulated in the Law 103/2009, of 11 September, which was amended by Article 3 of the Law 141/2015, of 8 September.

Authorization Process for Participation in Arts and Performances Children under the age of 16 who participate in activities of a cultural, artistic or advertising nature need to have authorization from the CPCJ of their area of residence. The subject matter and the process are provided for and regulated in the Law 105/2009, of 14 September.