Alienação parental como a Lei de Alienação Parental é usada para silenciar mães nos tribunais brasileiros

Abstract

This research aims to discuss the relevance of legally addressing the issue of Parental Alienation, a behavior that hinders the relationship between children or adolescents and one of their parents. Through a literature review, through the deductive method, the main concepts related to parental alienation were presented, as well as the legislation in force in Brazil to protect the rights of parents and ensure the integrity of the children or adolescents involved. We highlight the historical-social inequality still present in the courts, in favor of parents who did not suffer gender violence after separation. Unfortunately, the Parental Alienation Act has been misused to silence mothers, endangering the safety of the minor and leading to the loss of custody without a plausible justification. The importance of taking into account the reports of children and the alienated parent on a daily basis was emphasized, so that a safe and loving family environment for children and adolescents can be ensured. It presents and discusses jurisprudence and relevant articles on the subject, as well as a brief history of parental alienation and its development in Brazil. It is concluded that it is essential to legally discuss the issue of parental alienation, aiming to protect the right of children to live with both parents in a healthy and balanced way, without prejudice or gender stereotypes. Only in this way can we build a more just society and protect young people and infants from irreparable emotional harm.