A lei Henry Borel (14.344/2022) e a efetividade da proteção integral da criança.

Abstract

This paper aims to analyze Law No. 14,344/2022, known as the Henry Borel Law, in light of the principle of comprehensive protection of children and adolescents, provided for in the 1988 Federal Constitution and the Child and Adolescent Statute (ECA). The research is qualitative and bibliographic in nature, focusing on the historical and normative evolution of child and adolescent protection in Brazil, addressing everything from parental authority to the construction of family power as a shared duty. The social and legal context that motivated the creation of the Henry Borel Law is examined, highlighting the emblematic case of violence that gave rise to the law and the need to improve protection mechanisms in the face of intrafamily violence. The text aims to explore the main provisions of the law, such as protective measures, the duty to report, and the consequences of non-compliance with these measures. It is then discussed how the Brazilian legal system aims to guarantee the effectiveness of comprehensive child protection, with an emphasis on holding aggressors accountable and on the actions of justice and protection institutions.