Law of Spanking is the informal name of Law No. 13.010/2014 that prohibits the use of physical punishment or cruel and degrading treatment against children and adolescents in Brazil.
Also known as “Lei do Menino Bernardo”, the Spanking Law defines as “physical punishment” any type of punitive action in which the use of physical force is applied, resulting in suffering and injury body.
On the other hand, “degrading and cruel treatment” would be related to the act of humiliating, ridiculing or seriously threatening the child or adolescent.
In force since June 2014, the Spanking Law was the target of many positive and negative arguments, mainly from individuals who advocate a mode of “education traditional", alleging that light or moderate physical punishment has always been used as a method of behavioral correction and has never caused disturbances in the people.
THE Spanking Law does not prohibit the traditional “spanking” in disobedient children, but, as said, any other type of punishment that causes physical suffering and injuries to minors.
The idea is to make parents and guardians aware that children must learn to do what is right, not for fear of catch, but rather by understanding the basic principles of moral, ethical and behavioral values that govern a society. For this, the main tool to be used is guided education from the first years of life.
The Spanking Law changed some aspects of the Child and Adolescent Statute - ECA (Law No. 8.069/90) and the Civil Code (Law No. 10.406/02).
As provided for in article 18-B of Law No. 13.010/2014, the punishments applied against parents or guardians who disobey the conditions presented in this law will be from:
- Referral to an official or community family protection program;
- Referral to psychological or psychiatric treatment;
- Referral to courses or guidance programs;
- Obligation to refer the child to specialized treatment;
- Warning.
The choice of sanction will be appropriate according to the seriousness of the case presented.
All corrective measures of the violators of this law shall be applied by the Guardianship Council.
The Law of Spanking or Law of Menino Bernardo takes its name in honor of the case of Bernardo Boldrini, dead at the age of 11 and found buried near a road in the city of Frederico Westphalen, in Rio Grande do Sul. Bernardo's father and stepmother are the main suspects in the crime.
See also: the meaning of domestic violence.