A proteção das crianças contra a violência doméstica e familiar causadora de danos psíquicos

Abstract

This monograph studies domestic and family violence against children and the psychological damage resulting from it, based on historical, legislative, and academic analysis, seeking to demonstrate the collective impacts of violence considered to be veiled. The work begins with a study of the history of children in Brazilian society, addressing their recognition as subjects of rights, in addition to highlighting the legislative and cultural evolution through previous constitutions until the enactment of the Federal Constitution of 1988, the Statute of Children and Adolescents and other protective norms regarding children. Even with the existence of a robust regulatory framework, composed of the legal instruments mentioned above and specific laws such as the Menino Bernardo Law (Law No. 13,010/2014) and the Henry Borel Law (Law No. 14,344/2022), statistics and research show the maintenance of violent practices against children, especially in the domestic environment, where the logic of silence, the delegitimization of children's speech and often impunity prevails. The study seeks to reveal that such violence is often naturalized by the family and society itself, which generates lasting and disastrous effects for the entire community. The traumatic event significantly impacts the psychological, emotional, social, and even physiological development of the victims, which reverberates throughout society. This trauma causes psychological damage that, although often invisible, represents one of the cruelest forms of human rights violation, and its legal accountability is still very distant, given that it does not leave visible marks. To work on this theme, the analysis of theorists from psychology and psychiatry, such as Bessel Van Der Kolk, law, philosophy, and pedagogy was used, providing a transdisciplinary basis that seeks to understand the multiple dimensions of childhood trauma. The methodology used was qualitative, based on bibliographic research and critical analysis of legislation, doctrinal works, and official data. The study seeks to highlight the urgency of intersectoral action involving the State, family, and civil society, with common objectives: prevention, support, and accountability of aggressors. It also proposes strengthening protection networks - such as schools, health units, family - and ongoing training for professionals who work directly or indirectly with children. Finally, the monograph highlights weaknesses in the mechanisms for confronting violence, given the continued stigmatizing treatment of children that allows violent acts to continue without due recognition and accountability. The work concludes that the full realization of children's rights depends on breaking with the adult-centric and patriarchal practices that are still in force and that it is essential to recognize childhood as an absolute priority for building a more just, empathetic, and safe society