Breves reflexões sobre a violência contra crianças no âmbito familiar a partir da análise do exercício do poder familiar e do princípio da proteção integral

Abstract

This work addresses the full protection of children and adolescents in the Brazilian context, highlighting the historical and legal evolution of this concept. The doctrine of comprehensive protection, based on the Federal Constitution of 1988 and the Statute of the Child and Adolescent (ECA), recognizes children as rights holders, guaranteeing them the minimum necessary for survival and development. The lack of recognition of comprehensive protection is evident in the absence of effective measures against physical punishment in the family environment. It analyzes the vulnerability of children and adolescents, focusing on the history of childhood, social and legal evolution, and the phase of comprehensive protection. It also discusses the System of Guarantees of Children and Adolescent Rights (SGDCA), which seeks to promote, defend, and monitor the full implementation of comprehensive protection, involving different sectors of society. The current challenge lies in full implementation, requiring active participation from family, society, and the State. Furthermore, in the context of Comprehensive Child Protection, it highlights the bilateral nature of parental power, involving the rights and duties of parents, with the main objective of ensuring the well-being and healthy development of children. Comprehensive protection is considered an ethical and social commitment, demanding an integrated approach from both society and the State. In the context of intrafamily violence, various types of abuse are addressed, such as physical, psychological, sexual, and neglect. The dialectical method is used, analyzing various institutions to answer the central question: Can intrafamily violence against children be considered a consequence of the improper exercise of parental power?