A prática do crime contra a dignidade sexual da criança e do adolescente como causa da destituição do poder familiar

Abstract

This thesis investigates crimes against the sexual dignity of children and adolescents committed by spouses and their impact on the termination of parental rights. The study focuses on Brazilian legal frameworks, particularly the Child and Adolescent Statute (ECA) and the Penal Code. Based on case law analysis, it explores the severity of intrafamilial sexual abuse, which necessitates extreme measures, such as the loss of parental rights, to ensure the protection of minors. The research examines the evolution of the concept of parental power and the application of constitutional principles, including human dignity and the best interests of the child and adolescent. It also addresses the psychological and social consequences of child sexual abuse, discussing the complexity of such crimes and the need for effective public policies to reintegrate victims into safe environments. The methodology used involves a comprehensive review of legal literature and doctrine, supported by practical case analysis. The study concludes that terminating parental rights, though severe, is essential for protecting children and adolescents in situations of sexual abuse within the family environment.