A violência doméstica contra crianças e adolescentes nos casos de perda ou suspensão do poder familiar

Abstract

The violence is one of the considerable problems of the contemporary Society, which becomes more serious when it is practiced by the abuse of family power against children and adolescents, which requires intervention by the State, which means action aimed at guaranteeing the fundamental rights of Children and Adolescents constitutionally expressed and guaranteed in Human Rights Treaties. Thinking about this, was altered the Child and Adolescent Statute in enters into force the Law nº 13.010, of 2014, which became known as Slap’s Law, so the concern by the recurrent cases of atrocity against children and adolescents achieved high rates. This Course Conclusion Paper will study the thinking of scholars about the domestic and familiar violence against children and adolescents, searching to conceptualize the violence in wide sense, as a consequence to the destitution of the familiar power, next will taken the analysis of jurisprudence in order to reach an interpretation of the rules, principles, whereby the Judiciary Branch has been facing the subject. Question: Is it possible to affirm that the Law of Slap is adequate to the Principles that govern the Law of the Child and the Adolescent in Brazil, both in doctrine and jurisprudence, being in line with the tendencies of International Law on the subject? In order to answer the questioning, the deductive approach method and the monographic and comparative procedure were applied. It was found that although the jurisprudence seems adequate to the protective principles regarding children and adolescents, there has not been a significant change in the practices of domestic violence against children and adolescents.