A ocorrência do crime de abandono intelectual e as reformas necessárias para a responsabilização efetiva da família

Abstract

The maintenance of individual liberties and the democratic regime, as well as the guarantee of fundamental rights, is indirectly influenced by the process of construction of education within society, since it is directly responsible for the level of enlightenment, active participation and political awareness Of citizens and the starting point for the socio-economic, professional and cultural achievement of the people. In order to preserve the right of everyone to access to education, Brazilian legislation provides for several normative institutes in some different branches of the country, which comprise a wide range of prerogatives and obligations towards it. Among them is the intellectual abandonment, which criminalizes parents who omit to provide education for their minor children, establishing sanctions. These may also occur in the civil sphere, including culminating in the withdrawal of the family power of these parents. However, in spite of the ample legislation in respect, it is perceived in practice the necessity of the occurrence of reforms and immediate advances, be it in the own writing of the penal text, in the creation or the hardening of other complementary laws or even in the reinforcement to the supervisory organs And control, so that the legal protection of children and adolescents with regard to their right to education in Brazil can be effective. From this perspective, the present work seeks to reflect on the practical occurrence of this crime in Brazilian society, its main characteristics and consequences generated, the effectiveness of the application of punishments foreseen and the necessary advances to guarantee the real accountability of agents and the faithful Obligations imposed by law.