A IMPOSSIBILIDADE DE REVOGAÇÃO TOTAL DA LEI 12.318/10 ACERCA DA ALIENAÇÃO PARENTAL FRENTE AO PRINCÍPIO DA PROTEÇÃO INTEGRAL DA CRIANÇA E DO ADOLESCENTE

Abstract

The current study focus is to discuss why the law 12.318/10 should stay in use and possibly be strengthened with additions and corrections on its articles. Firstly, the concept of parental alienation will be introduced in order to stablish and set apart the differences from the syndrome, enlightening the legal concept adopted by the law and its consequences, irretrievable most of the time, for the bio-psico-social development of the infants. Furthermore, a pre-law 12.318/10 period evaluation will be held to bring up the eleven articles that composes the normative diploma. Moreover, the controversy surrounding the Parental Alienation Law will be highlighted, as described by the PCI on Mistreatment, which identified several concrete cases in which abusive parents, taking advantage of loopholes in the legislation, manage to reverse custody based on a false allegation of abuse as form of alienation. Eventually, the study will take part in favor of the maintenance, supported by several institutes, such as IBDFAM and CDH, defending updates as an alternative and reasonable solution facing the repeal. Finally, the importance of maintaining and updating the Parental Alienation Law as an instrument to repel abuses and injustices, in an attempt to implement the principle of full protection for children and adolescents, will be emphasized.