The Loss of Parental Authority and the Impacts of Law No. 13,715/2018 on Brazilian Judicial Decisions

Abstract

This article analyzes the legal and social effects of Law No. 13,715/2018, which expanded the legal grounds for the loss of parental authority, especially in cases of domestic violence and crimes committed by one parent against the other or against their children. The research adopts a historical-evolutionary approach to the institute, tracing its development from the former concept of paternal power (pátrio poder) to the current notion of parental authority, based on the principle of comprehensive protection of children and adolescents. The study examines the impact of legislative changes to Article 1,638 of the Civil Code, as well as their practical application in judicial decisions, which sometimes favor the immediate termination of parental authority and, in other cases, opt to await the final judgment of the criminal conviction. Qualitative and descriptive-analytical in nature, the research employs the deductive method, based on bibliographical review, normative analysis, and jurisprudential examination, aiming to understand how courts have reconciled the best interests of the child with legal certainty and the presumption of innocence. It concludes that Law No. 13,715/2018 represents significant progress in the protection of minors by enabling swifter and more protective responses, but its application demands judicial prudence to prevent violations of fundamental guarantees.