Destitution of family power under the perspective of law nº 13.715/18

Abstract

The present study addresses the application of Law 13,715 of 09/24/2018 in the context of the Civil Code, the Estatuto da Criança e do Adolescente (ECA), and the Penal Code. It conducts an examination of the evolution of the concept of parental authority to its current stage of family authority and analyzes the changes that legal regulations have undergone regarding the removal of parental authority in cases of intra-family violence. Furthermore, it also aims to investigate whether this regulation effectively ensures the protection of children and adolescents who are direct or indirect victims of violence within the family sphere. To do so, practical case analysis is employed, and it also examines how Family Law has evolved concerning parental authority, as well as how the patriarchal history of the family in Brazil has influenced the persistence of violence within the family in modern times. In this context, it becomes evident that the law is grounded in the principles of the best interests of the child and adolescent, as well as gender equality. Its approach is not solely the punishment of the aggressor but also the safeguarding of women and minor children who find themselves in a vulnerable position. This research primarily relied on the bibliographical review of articles, books, doctrines, legislation, and jurisprudence.