Maus-tratos a crianças na família

• Autor(a) principal: Bárbara, Catarina Palpista
• Data de Publicação: 2022
• Tipo de documento: Dissertação
• Idioma: por
• Título da fonte: Repositório Científico de Acesso Aberto de Portugal (Repositórios Cientìficos)
• Texto Completo: http://hdl.handle.net/10362/153059
• topic: Maus-tratos infantis; Crianças e jovens em perigo; Poder-dever de educação; Castigos lícitos e ilícitos; Promoção e proteção das crianças; Child abuse; Children and young people in jeopardy; Power-duty of education; Lawful and unlawful punishments; Promotion and protection of children; Direito

Long were the centuries in which children were seen as infirm, inferior, and imperfect human beings. However, as a variety of mutations have been seen in the worldview of history in our society, we can also observe the conscience awakening of civilization and of the juridic cosmos on children’s rights and on the phenomenon of violence prosecuted towards these beings imbued with fragility. In fact, violence entrenches countless lives, and it has been a constant through the centuries. Thus, our research will begin from an historical view until we arrive at the emergence of children’s Rights. Notwithstanding, there is abuse during childhood and youth, which have endured though the centuries, regardless of humanity’s efforts to mitigate and prevent problematic. In a tuning fork that interconnects the Law and the other social areas glimpses, in this study, what is understood as child abuse and the way children should be protected from malevolent harassment which our society, predominantly, the progenitors or the person with the guardianship are capable of exerting. Hence, the understanding of there being a fine line on what abuse is. There is the urge to manage this phenomenon for the way it can reverberate throughout these children’s lives, trying to find in our purport the answers for an adequate and effective protection. The progenitors, as guarantors of the promotion and protection of the children and the young, in the first place, are obliged to make every effective and adequate measure to the children’s full development. Therefore, measures seeking to abolish the traditional procedures which impair the children’s health should be carried out. Thereupon, the matter of the power-duty of education correlated with the power-duty of correction, and the child abuse will be a crucial and central debate in this research. Finally, with our society being, increasingly, aware of the nefarious and devastating consequences of exerted violence in the domestic framework - the setting where abuse reigns - it is recognised that the criminal legislator has not been indifferent to how this crime pierces the body and soul of these children. This research ceases in glimpsing the juridic treatment of the abused child.