CIVIL AND CRIMINAL LIABILITY OF AGGRESSORS AND OMISSION OF LEGAL GUARDIANS IN CASES OF INTRAFAMILY SEXUAL VIOLENCE AGAINST CHILDREN AND ADOLESCENTS

Abstract

This article aims to analyze cases of sexual violence against children and adolescents, as well as the civil and criminal liability of offenders and legal guardians who remain silent in situations of intrafamilial sexual violence. The research, of a bibliographic nature, is based on legislations such as the Penal Code, the Civil Code, the Federal Constitution, and the Statute of Children and Adolescents, in addition to legal doctrine and recent data on the subject. It was found that liability occurs cumulatively, both in the civil sphere, through the obligation to repair material and moral damages, and in the criminal sphere, with the application of sanctions provided for in Articles 217 to 218-C of the Penal Code. It was also observed that many cases remain silenced due to factors such as threats, shame, affective or economic dependence, and the so-called family “law of silence.” The study also highlights the importance of prevention and combating violence through public policies, educational campaigns, and the strengthening of protection networks. It is concluded that the effectiveness of the legal framework depends on reporting, effective accountability of offenders, and the articulation between the State, society, and family, in order to guarantee the fundamental rights of children and adolescents.