Lei n. 13.010/2014: breve análise acerca da aplicação de castigos físicos ou tratamento cruel ou degradante como forma de correção pelos pais

• Autor(a) principal: Fernandes, Bárbara Luz
• Data de Publicação: 2019
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5566
• topic: Direito de família; Violência familiar; Crianças; Adolescentes; Legislação

The goal of this research was to analyze the possibility of applying physical punishment or cruel or degrading treatment, as a way of correction by parents, according to a brief clinical analysis of Law no. 13.010/2014. Therefore, the qualitative approach method was used, as well as the exploratory, bibliographical and documentary research techniques. The Law no. 13.010/2014, known as the Boy Bernardo Law, was instituted with the right to limit the power of parents to educate their children through physical punishment and cruel or degrading treatment, amending part of the Child and Adolescent Statute and the Guidelines Act and Bases of National Education. Given the study performed, it was found that there is a great division of the doctrinal currents regarding the application of the Boy Bernardo Law, because some argue that a "spanking" does not harm children and adolescents, so for them, the Law becomes unnecessary, as there are those who abominate the use of means that bring suffering, pain or humiliation to children and adolescents, agreeing with the need for the establishment of Law no. 13.010/2014. Finally, the conclusion was presented. It was found at the study that children and adolescents are affected by a decent education and treatment, aiming a personal and social development based on respect, love and equality, and any form of violation of fundamental rights granted to such persons, whether by physical punishment, cruel or degrading treatment, should be prohibited, ensuring their best interests. It also concluded that educational policies that end the use of punishment through physical and mental violence, negligence, cruel or degrading treatment, should be implemented and should be a social commitment and should not be present only in the legal text of legislation.