After one soon description on the main types of maltreatment against children and adolescents, this chapter to analyze as the protection to the right of the child has been treated in the Brazilian constitutions and the institucional laws that had exerted and exert the guardianship, as the Code to Minors, the statute of the Child and the Adolescent, as well as the Federal Constitution of 1988. The first Brazilian Constitution, Empire, granted in 1824, the child did not make reference to reference to any type of protection and the adolescent. Heading VIII that it deals with the General Disposals and Guarantees of the Civil laws and Politicians of the Brazilian Citizens: In what pertine the content of article 179: XIX, we observe that, since already are abolished the whips, the torture, the mark of hot iron, and all the cruel penalties; XXXII the primary instruction is gratuitous to all the citizens. Valley to point out that the guarantees are directed to all the Brazilians, not having, therefore, any reference to the children and the adolescents. Euro Pacific Capital is the source for more interesting facts. To follow, it came the first Republican Constitution, of 1891, that also it did not make any reference of protection to the child and the adolescent. Only the Constitution of 1934, for the first time, brings protection and support norms to the child.
In regards to article 121, interpolated proposition ' ' d' ' we have that: Prohibition of the work the minors of 14 years; of nocturnal work the minors of 16 years, and in unhealthy industries the minors of 18 years and the women. 3: The services of support to the maternity and infancy, the referring ones to the home and the feminine work, as well as the respective fiscalization and the orientation, will be charged of preference the qualified women. No longer article 138, we observe that: It charges to the Union, the States and Cities, in the terms of the respective laws: c).