Alienação parental: consequências jurídica à luz da legislação brasileira

Abstract

The practice of Parental Alienation is much more commonplace than it appears to be and, for a long time, it was neglected. Based on the analysis of articles, the damages caused by this practice, which directly influence the psychological development of children and adolescents, have been verified. However, only in the year 2010, a regulatory norm was published, commonly referred to as the Parental Alienation Law (Law 12.318/2010), which actually conceptualizes what this action is and also presents sanctions against alienators. Recently, however, a project to revoke this legal provision has emerged, based on allegations that the norm is being misused, benefiting parents at the expense of the best interests of alienated children. The central problem lies in the possibility of revoking a law that aims to curb a practice with such serious consequences for child development. However, revoking it would not be the best alternative, as it has deterrent effects, discouraging those responsible. It only remains to improve and refine it.