Aspecto jurídico e social da lei nº 12.318/2010 e sua efetividade na prevenção e repressão da alienação parental.

Abstract

This research analyzed Law No. 12.318 / 2010, identifying its legal effectiveness in Brazil and seeking to point out the ways with which the law reaches efficiency against parental alienation. In this sense, the objectives of this work are to conceptualize and characterize parental alienation under the focus of Law 12.318 / 10, to show the importance of the Parental Alienation Law in the protection of the interests of children and adolescents and to analyze the effectiveness of the Law in preventing and combat of parental alienation. For this, regarding the approach of the theme, this research work used the deductive method. Regarding the methods of procedure, the historical and interpretative methods were employed. Regarding the research technique this work opted for the bibliographic and documentary revision. Based on the analysis of the theme, throughout this work, we can understand the importance of Law 12.318 / 10 as a legal instrument to address the problem of parental alienation. In the same sense, we realize that this legal diploma is being applied by the judiciary of our country in order to ensure the best interests of children and adolescents. Thus, it is concluded that the court decisions have been establishing jurisprudence in the Brazilian courts and ensuring effectiveness of the Parental Alienation Law in order to protect the fundamental rights of minors, thereby protecting the right to healthy growth with the maintenance of family ties with both parents.