THE STATE'S DUTY OF CARE AND ORPHANHOOD RESULTING FROM FEMICIDE: AN ANALYSIS OF COMPREHENSIVE PROTECTION IN LIGHT OF THE SURVIVORS' VULNERABILITY

Abstract

The present study investigates the effectiveness of the Brazilian institutional support network for indirect victims of femicide, under the aegis of the principle of integral protection. The central problem questions the extent of the gaps between the legal provision of support and the factual reality of survivors, seeking to identify whether the State fulfills its duty of guardianship or perpetuates institutional neglect. The general objective consists of analyzing public policies and the assistance network in Brazil regarding their capacity to guarantee full reparation and mitigate the psychosocial and economic vulnerabilities of orphans and family members. The methodology adopts a qualitative, exploratory, and interpretative approach, grounded in a systematic literature review on patriarchy and gender violence, documentary research focused on the recent regulatory framework, specifically Law No. 14,717/2023 and Decree No. 12,636/2025, and content analysis. The results indicate that the state response remains fragmented and predominantly focused on the criminal sphere, presenting critical failures in the integration of legal, social assistance, and mental health axes, which results in the revictimization of families. It is concluded that, despite reparatory legislative advances, the persistence of bureaucratic barriers and the absence of specialized protocols hinder the realization of integral protection, requiring an urgent transition to an interdisciplinary, continuous assistance model centered on the human dignity of survivors.