Lei de alienação parental: reflexões sobre movimentos de oposição, possibilidade de revogação, efetividade e questões de gênero

Abstract

The present work proposes reflections on the Parental Alienation Law, that is, Law n.º 12.318/2010, instituted in the Brazilian legal system for more than ten years, to understand the reasons why there are strong movements of opposition to this regulation. Thus, starting from the discussion about the legal, psychological and legislative concepts of parental alienation, highlighting, above all, the perspective of gender stigmatization, the objective of this descriptive research, with a qualitative approach, is to analyze, considering the arguments brought by the front of resistance to the legislation under comment, if the possibility of its repeal is in line with the best interest of the child and adolescent. For this, the study is developed through a bibliographical and documental review relevant to the theme, guided by doctrine, scientific articles, journalistic articles, monographs, norms and documentaries. The method used is the deductive one, in which a general situation is observed to arrive at another specific situation and ponder on its conclusion. In this way, the present investigation makes a general overview of the organizations and movements that publicly manifest themselves in disfavor of Law nº 12.318/10, seeking a common argument among them - in this case, the gender issue - to present in the sense that, in hypothesis of revocation, the rights of children and adolescents would still be safe, in view of the provisions of the Statute of Children and Adolescents, the Civil Code and the Protected Listening Law. In view of the facilitated introductory considerations, it is possible to identify that the core of the research problem is based on the intention of investigating whether the repeal of the Parental Alienation Law, proposed by opposition movements due to gender violence, affected the protection of children and teenagers.