Alienação parental: Uma análise sobre a revogação e o aperfeiçoamento da lei n° 12.318/2010.

Abstract

The objective of this research is to analyze the Parental Alienation Syndrome and the deviations in the application of the Parental Alienation Law. In principle, the legal provision demonstrates that its main objective is to protect children and adolescents from acts of parental alienation. According to the theory, this rule aims to safeguard the psychosocial well-being of children and adolescents against countermeasures imposed by those who have custody of them, harming or creating obstacles to the maintenance of bonds with one of their parents. However, in practice, it is common for courts to be called over contentious disputes involving allegations of abuse. Often, these complaints have as a backdrop the creation of parallel situations related to disputes between parents, such as issues of equal division of parenting, among others. As a result, the law has been the target of several criticisms that propose from its adequacy to its repeal. To this end, an integrated methodology was used that combines bibliographic research, of a qualitative nature, whose method to be used is deductive, with a documentary analysis and observation of judicial practices, providing a comprehensive and grounded view on the theme of parental alienation, its impact on the rights of children and adolescents and the strategies adopted to mitigate its effects. Thus, it is concluded that the repeal of the Parental Alienation Law is not the most appropriate solution to deal with the problem of misuse of this measure. In addition, it is essential to adopt evidence-based practices to assess whether recent changes in the law will expand its protective purpose.