Alienação parental: uma análise jurídica da Lei nº 12.318/2010.

Abstract

One of the t recent and controversial issues involving family law and the Statute of Children and Adolescents is the issue of Parental Alienation, which is the indoctrination of children to hate one of their parents without any justification, as a consequence the bitterness and grievances arising as a rule, the troubled marital separation. Thus, in a social context that the family seeks more balanced participation of parents in their children's lives, to exercise in harmony and healthy the rights and duties arising out of parenting, the need of regular Brazilian legislators such a situation, which confront the provisions constitutional protection for the interests of children and adolescents, with respect mainly to family and community. It was through the adoption of Law n° 12.318/10 the Brazilian jurist now has a special tool to combat the practice of Parental Alienation. In this aspect, the present study' primary goal is to study the effectiveness of Law n° 12.318/10 (Parental Alienation Law) in preventing and solving family conflicts involving the relationship between children and parents separated. For this purpose, we used to study a purely analytical method, the method comprising the deductive approach, starting with an overview about the Law n° 12.318/10, as a method of procedure we used the historical and hermeneutics, and technique research used the literature, through consultation with doctrines, articles, monographs, case law and legislation on the matter. The work is divided into three chapters, meeting the goals proposed in the research project, which was previously established. Considerations on the subject we obtained, finally, that Law n° 12.318/10 not yet satisfactorily realized their objectives. Despite being an effective tool in combating parental alienation in society has promoted a dynamic of family relationship to prevent the occurrence of the problem a dynamic of family relationship to prevent the occurrence of the problem. Thus, beyond the norms of behavior requires a change in social behavior and awareness of the responsibility that parents have the educations and training of children.