'They blame the victims themselves', says expert on violence against children Physical punishment against children is considered a crime in Brazil. Therefore, the father who was caught kicking his three-year-old daughter will face criminal charges for his actions. The case was recorded by security cameras in Francisco Beltrão, in the Southwest of Paraná. According to the Federal Constitution, children and adolescents have the right to dignity and cannot be exposed to violence, cruelty and oppression. The man was preventively arrested this Thursday (9) and is responsible for the crime of bodily harm committed in the context of domestic and family violence. Police have not officially released his name. ? Follow the g1 Foz do Iguaçu channel and region on WhatsApp The criminal lawyer from Paraná, Vinicios Cardozo, explains that Brazilian legislation does not recognize physical punishment as a legitimate form of education. Parents and guardians are allowed to educate, impose limits and exercise authority, but they cannot use force or dependence to impose suffering as a method of correction. "The child has special legal protection and is not the property of the parents. He is the subject of rights, and family power must be exercised within the limits of the law. [...] In short, according to Brazilian legislation, the child must be educated with limits, presence and responsibility, but never with violence", says the lawyer. Cardozo explains that attacks that do not leave visible marks, such as humiliation, lack of care and psychological attacks, are also considered a crime. The lawyer explains that, depending on the conduct and the result caused to the child, the case can be treated as bodily injury, ill-treatment and even torture. Understand below. "Slaps, punches, kicks, pushes, pinches, hair pulling, attacks with objects, burns, threats, humiliation, deprivation of food, medicine or basic care, abandonment and exposing the child to a risk situation can also generate liability", says the expert. Father is caught kicking his daughter in Francisco Beltrão, in southwestern Paraná. Reproduction More about the case: Father said he kicked his daughter because she was crying Mother found out about the case on social media Find out why the man was not arrested in the act What the law says Cardozo explains that the protection of children and adolescents against any inhumane, violent, terrifying, vexatious or embarrassing treatment is fully guaranteed by the Child and Adolescent Statute (ECA). This is a set of laws that establishes the rights and duties of children and adolescents in Brazil. The statute aims to protect the physical and psychological integrity of this group, ensuring their development. In addition to protecting children, the ECA also provides preventive measures for cases of violence, as well as guidance and penalties for those who commit some type of aggression against children and adolescents. This applies to parents, family members, guardians and anyone responsible for caring, educating, protecting or monitoring the child. It is also everyone's duty to preserve the dignity of children and keep them safe from inhumane, violent and embarrassing treatment. The law does not remove the duty of educating parents. It just establishes a clear limit, that education cannot be confused with aggression. Correcting is imposing limits. Attacking is imposing suffering", said the lawyer. Iberê de Castro Dias, judge of the Children and Youth Court, explains that the Constitution has always protected children and adolescents against aggression. But specific legislation and the inclusion of laws on this topic helped to make the consequences clearer for those who carry out some type of violence. In this context of change, the Menino Bernardo Law, also known as the Spanking Law, is an important milestone. Enacted in 2014, the law changes the ECA to "establish the right of children and adolescents to be educated and cared for without the use of physical punishment or cruel or degrading treatment". ?? The law specifies what is considered physical punishment and cruel or degrading treatment: Physical punishment: action of a disciplinary or punitive nature applied with the use of physical force applied to the child or adolescent that results in physical suffering or injury; seriously threatens or ridicules. According to Iberê, with this law the prohibition of this type of violence was made explicit for the first time, which contributed to greater debate on the topic in society, in addition to specifying the punishments for this type of situation. In 2022, the Henry Borel Law created specific mechanisms to prevent and combat domestic and family violence against children and adolescents, along the lines of the Maria da Penha Law. crimes against children and adolescents are treated with the benefits of special courts, such as criminal settlement. In practice, this means that the child aggressor no longer resolves the process with a simplified agreement", explained Vinicios Cardozo. Punishment for aggressors In addition to explaining the prohibition of the use of violence in children's education, the ECA also determines the punishments that must be applied in these situations. "Strictly speaking, the limit for defining what is or is not aggression is zero. No verbal or physical aggression is permitted. But the way in which this resonates with the child will determine the consequences for the person who carried out the aggression", analyzes Iberê Dias. The law provides that those responsible who use physical or psychological punishment are subject to the following measures, which will be applied according to the severity of the case: Referral to official or community family protection programs; Referral to psychological or psychiatric treatment; Referral to courses or orientation programs; Warning. Depending on the level of aggression, it can be classified as crimes of torture and mistreatment. Both carry a sentence of imprisonment and a fine and the penalty is increased when the victim is a child or teenager. Violence defended as "education" According to the specialist in Child Studies and professor at the Federal University of Bahia (UFBA), Juliana Prates, children who are victims of violence with the justification that punishments and physical attacks are to "educate" them can develop the perception that violence is an acceptable expression of affection. In this context, according to the researcher, aggressions tend to escalate, coupled with a culture that minimizes the effects of violence against children. "Violence is gradual. [...] We have a culture that says a lot about the idea that children can and should be educated through physical, humiliating, violent punishments. Despite the fact that we have legislation that prohibits the use of violence and physical, psychological and verbal punishments against children. We have this 'little slap', the 'pinch'. But there is no such thing as a little slap, there is not just a pinch. It is violence", argues Prates. A survey commissioned by the Maria Cecilia Souto Vidigal Foundation and carried out by Datafolha revealed that 29% of those interviewed admitted the use of violent practices, such as spanking and pinching, on children up to 3 years old. The survey also shows that 58% of those interviewed say they punish the child and 43% report shouting or fighting as a form of discipline. There were 2,206 people interviewed across Brazil. "This is not barbarism, in the sense that this person is monstrous for behaving this way. We are, in fact, subjugating children's bodies", reinforces the researcher, who highlights the importance of society looking at children as subjects of rights. Consequences of attacks on victims Experts explain that one of the main reasons why the prohibition of this type of violence exists is because any physical or psychological punishment against children and adolescents has direct consequences on their development. Irene Gaeta, member of the International Association of Analytical Psychology (IAAP), lists that among the main consequences of aggression are: Anxiety; Depressive disorders; Low performance at school; Aggressive and violent behavior; Panic syndrome; Depressive conditions. Psychologist and professor at the Pontifical Catholic University of São Paulo (PUC-SP), Isabel Kahn, comments that aggression can lead to the reproduction of these aggressive behaviors by these children and adolescents in other relationships in the future. "They can repeat this form of dominance in front of those who feel stronger, it is a pattern of aggression that is reproduced for some", he explains. The experts also remind us that parents and caregivers should always be aware that their past experiences influence their attitudes towards education. They reinforce the need for parents and caregivers to be firm in their education, but always keeping in mind the importance of listening. "Communication is the basis for establishing limits in raising children. By communicating clearly and calmly, parents can create an environment of understanding and mutual respect", advises Irene Gaeta. Isabel also comments that limits come to protect children and that listening does not mean complying with all of the children's wishes. “You need to understand what your principles and values ??are and that you cannot enforce a rule based on force,” he states. Reporting Experts also emphasize the importance of reporting in cases of violence against children and adolescents. Those who witness any type of aggression against this group can make an anonymous report via Dial 100, a Federal Government channel, or 181 on Hotline, run by the Government of Paraná. In addition, it is possible to contact the Guardianship Council, the Public Prosecutor's Office, the Military Police and the Civil Police. Most watched videos on g1 Paraná Read more news on g1 Oeste and Southwest.