Discussão sobre a possível revogação da lei de alienação parental: as alterações na legislação e as controvérsias da efetividade da Lei nº 12.318/2010

Abstract

This monograph presented the main points related to the doctrinal and legislative discussion of the repeal of the Parental Alienation Law (12.318/2010), as well as its application between the plans of substantive law and procedural law and its practical effects, leading to the approach in the field legal and biopsychosocial: family origin, parental duty and responsibility, damage to health and mental and physical well-being, loss of fundamental rights and guarantees determined by the Federal Constitution, legislative production, judicial enforcement and improvement given by Law 14.340/2022. With the use of the hypothetical-deductive method, through applied bibliographic research, it was concluded that revoking the alienation law is not the best answer to the problem of the misuse of this measure, as well as the precision of practice based on evidence as to whether the recent changes will further their protective purpose.