Lei da alienação parental como um instrumento legal para a manutenção da violência contra mulheres e crianças

Abstract

The present work aims to propose an analysis about the controversies existing in the application of Law 12.318/2010, Parental Alienation Law, as well as how its application has occurred, especially when there are complaints of domestic and family violence and sexual abuse of children and adolescents committed by family members. In this sense, we investigate the dangers and conflicts generated with the positiveization of Law 12.318/2010, as well as the motivations for its advent. Therefore, from this monograph, we seek to foster discussion about the practical effects of the Parental Alienation Law, alerting to the possible use of this norm as a mechanism for defending the parent accused of violence in the intrafamily environment and a legal instrument for maintaining the violation of the rights of women, children and adolescents. In this area, it is investigated how the Parental Alienation Law is used to invalidate complaints of victims and revictimize women by alienating the offspring and explicitly intending to discredit the complaints of domestic violence, a serious problem that is little treated by Brazilian doctrine. To this end, through a literature review on parental alienation, we seek to problematize the view on the concept of parental alienation, the resulting syndrome in acts of alienation and on the impacts of law enforcement in Brazil, mainly pointed to criticisms related to gender and the machinery of the normative device as an instrument for violence against women. Thus, it seeks to highlight the political facets of the discussion on the subject, denouncing how the allegations based on Law 12.318/2010 can harm even more women, children and adolescents who are victims of domestic violence.