Impactos Jurídicos e Sociais da Proposta de Revogação da Lei de Alienação Parental

Abstract

This monograph analyzed the legal and social impacts of the proposed repeal of the Parental Alienation Law (Law No. 12,318/2010), considering Bill No. 2,812/2022, which is being processed in the Chamber of Deputies, and Bill No. 1372/2023, which is being analyzed in the Federal Senate. The research addressed the concepts and founda- tions of parental alienation, its manifestations, causative elements, and consequences for child and adolescent development. The investigation examined the Brazilian regu- latory framework, including constitutional foundations, the Child and Adolescent Stat- ute, the Civil Code, and the Parental Alienation Law, as well as the recent changes introduced by Law No. 14,340/2022, which improved protection mechanisms and ex- pert evaluation procedures in cases of parental alienation. The study presented argu- ments in favor of maintaining the Parental Alienation Law, which considers it an es- sential instrument to protect children against emotional manipulation, and positions that defend its repeal, claiming its inappropriate use in contexts of domestic violence and child abuse. The research concluded that the debate on repeal reflects the com- plexity of the phenomenon of parental alienation and the need for normative solutions that prioritize the best interests of children and adolescents.