Dever do garante e as consequências penais da omissão: análise do artigo 26 da Lei Henry Borel (Lei nº 14.344/2022)

Abstract

The paper “Duty of the guarantor and the criminal consequences of omission: analysis of article 26 of the Henry Borel Law (Law no. 14.344/2022)” proposes a detailed investigation into the criminal liability of omissions committed by guarantors in cases of violence against children and adolescents, as established in Article 26 of the Henry Borel Law. The objective is to understand how this legislation can be applied within the Brazilian judicial system and its actual consequences. The research aims to analyze cases where individuals with a duty as guarantors failed to report instances of violence to public authorities, while also identifying the criteria used in the application of penalties. Furthermore, it seeks to compare the omission of assistance with the criminal typification found in article 26. The methodology includes a bibliographic review, case analysis, and critical speculation. The expectation is to gain a deeper understanding of the implications of the duty of the guarantor within the Brazilian legal system, identifying challenges, gaps, and opportunities for improving the protection of children and adolescents against violence.