The Convention on the Rights of Children, instrumented in laws, codes and articles, suggest the protection of minors in Latin America, but without guaranteeing a favorable environment for their development. The State is only obliged to be rector of rights, attorney for the child, family benefactor and guarantor of the environment, but it does not interfere in the civility and politicization of the minor for its appropriation and emancipation from the group, community or locality to which it belongs. In this sense, the migrant minor only aspires to a family reunion and to submit to the limits that the law imposes on him. The objective of this work was to discuss the scope and limits of Latin American political constitutions, civil codes and punitive laws in order to demonstrate a new model focused on the autonomy and self-management of the minor. A review of the legal instruments of six Latin American countries was carried out: Argentina, Chile, Ecuador, Mexico, Paraguay and Peru, considering the differences and similarities in terms of child and adolescent protection. The discussion shows the urgency of reorienting the laws and articles towards the appropriation and emancipation of the minor in a vulnerable situation. Based on the systemic technique of Social Work, an intervention model is proposed for the promotion of the liberties of the minor.

Keywords – Civil Code, Political Constitution, Child Protection, Social Work, Family Unit

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