OMISSÃO DO GARANTIDOR: A RESPONSABILIDADE NA PROTEÇÃO DE CRIANÇAS E ADOLESCENTES EM CASOS DE VIOLÊNCIA SEXUAL NO ÂMBITO FAMILIAR

Abstract

This undergraduate thesis addresses the issue of the guarantor’s omission in protecting minors in cases of sexual violence within the family environment. The objective of this study is to analyze the extent to which it is possible to hold legally accountable those who, despite having a legal duty to act, remain passive in the face of abuse, discussing the limits between moral failure and the legal duty imposed by criminal law. The methodology adopted was bibliographic and documentary research, based on legal doctrine, legislation, academic articles, and case law dealing with improper omission, criminal liability, and public policies aimed at combating child sexual violence. The results indicate that the criminal liability of mothers and other legal guardians is permeated by subjective and social factors that challenge the justice system, especially in situations involving coercion, emotional dependence, or domestic violence. It was also observed that public policies play an essential role in prevention, protection, and psychosocial support, acting as a link between the justice system and the social protection network. Among these measures, the National Plan to Combat Sexual Violence against Children and Adolescents, Act n. 13.431/2017, and the work of the Social Assistance Reference Centers (CRAS and CREAS) stand out. It is concluded that punishment for omission must exist, but it should be applied with sensitivity and discernment, recognizing that the effective protection of children and adolescents depends on the integration between criminal accountability, social assistance, and public policy strengthening, in accordance with the principle of human dignity and the constitutional guarantee of full protection.

Keywords: Omission; Sexual Violence; Guarantor; Children and teenagers