HENRY BOREL LAW – ADVANCES AND CHALLENGES IN THE PROTECTION OF CHILDREN'S RIGHTS AND IN THE FIGHT AGAINST DOMESTIC VIOLENCE

Abstract

Historically, the social, economic, political and religious condition of childhood in Brazil has been marked by an adult-centric perspective, in which children have often been instrumentalized to meet the interests of adults. However, over the decades, driven by social struggles, civil society movements and initiatives by protection agencies, several regulations and legislation have been created to guarantee the rights of children, consolidating them as subjects of rights. Among these regulations, the Henry Borel Law (Law No. 14,344/2022) stands out, which aims to strengthen the protection of child victims of domestic violence. Despite the advances provided by this normative framework, challenges persist in the implementation and effectiveness of these measures, since children continue to be used as objects in intra- and extra-family relationships and face barriers in access to justice and full protection. Given this scenario, we ask: What are the main advances and challenges in the application of the Henry Borel Law for the protection of children's rights and in the fight against domestic violence in Brazil? To deepen the analysis, we based the research on the contributions of Ariès (1975), Agamben (2005), Costa (1999), Fonseca (2000), Freitas (2016), Rizzini (2011), Priore (2012), Pinheiro (2000), Schueler (2001), Silva and Motti (2001), as well as norms such as the Statute of the Child and Adolescent (ECA/1990) and legislation on penal executions and heinous crimes. Methodologically, the investigation follows a qualitative approach, anchored in the perspective of Minayo (2016), in the bibliographic research according to Gil (1999) and in the comprehensive analysis inspired by the Weberian bias (2006). The results indicate that, despite legislative advances and growing awareness of child violence, the implementation of the Henry Borel Law faces structural obstacles, such as the lack of training of the professionals responsible for its application, the slowness of the judicial system, and the need for more effective public policies to ensure the reception and full protection of victims. Thus, it is concluded that, for the legislation to become an effective instrument of child protection, it is essential to improve the articulation between the various sectors of the State, strengthen support networks and promote a cultural change that recognizes childhood as an absolute priority.