Alienação parental: uma análise da a atualização da lei n° 12.318/2010, trazida pela lei n° 14.340/2022.

Abstract

The history of family law, as well as the family institute itself, has been gradually developing, and in line with this development, it is observed that the family has been adapting to new realities, as well as developing new needs that need to be regulated by the Brazilian legal system. With these new needs, conflicts also emerge, such as parental alienation, which is an institute used by one parent to create a negative perspective in the child and/or adolescent, in relation to the other parent, violating the rights of minors, who are widely defended by the Child and Adolescent Statute. Therefore, this work's main objective was to analyze the family institute and Parental Alienation Law, considering its importance, as it is a situation that directly violates the rights of children and adolescents. The specific objectives of this work include the conceptualization of family law, addressing its origin and also its nature, as well as its particularities, the analysis of Parental Alienation Law and finally the analysis of the update of this law, brought about by Law Nº. 14,340 /2022, presenting criticisms and bills seeking its repeal. This work is divided into three chapters, each with a different theme, but within family law. The first chapter approached the historicity family’s law and its influences, as well as its fundamental principles. The second chapter portrayed family power and what derives from this power, the administration and enjoyment of the assets of non-emancipated minor children, in addition to the concept of suspension, dismissal and extinction of this power. The third chapter, in turn, deals with the legislation itself regarding the Parental Alienation Law, identifies the types of custody adopted in the Brazilian legal system, and analyzes the updates to Law Nº. 12,318/2010 and the draft laws against it. The work follows the deductive methodology, starting with the contextualization of the family’s law historicity, the modifications to this right in accordance with the development of Brazilian legislation, its fundamental principles, going through the exercise power’s family and finally the analysis of updates to the Parental Alienation Law, through a qualitative approach through bibliographical and documentary research. It is therefore concluded that although there are criticisms of Parental Alienation Law, which defend its repeal, there are experts who disagree and doctrinal understandings that highlight the importance of said law. Therefore, it reflects the need for this issue to be debated by society, so that they understand the entire context, and create interest in effectively protecting children and adolescents.