ALIENAÇÃO PARENTAL: RESPONSABILIDADE CIVIL POR DANOS PSÍQUICOS E AS NOVAS PERSPECTIVAS LEGISLATIVAS

Abstract

This paper presents an analysis of the Law No. 12.318/2010, which deals with Parental Alienation, introduced into the Brazilian legal system. In particular, it examines the grounds for Bill No. 1.372/2023, currently under consideration, which seeks to repeal the aforementioned rule on the grounds that, in several cases, its application has been used as an instrument to obstruct investigations of abuse against children and adolescents. It is argued that the undue invocation of Parental Alienation may result in the inversion of the conditions of the parties involved, transforming the alleged aggressor into a victim and the victim into an alleged aggressor, thus compromising the effective protection of the rights of children and adolescents. The protection of the fundamental rights of children and adolescents constitutes a constitutional duty that requires constant improvement of legal norms. In this context, the need for an in-depth review of Law No. 12.318/2010 is identified, so that the criteria that defines Parental Alienation is more objective and its application occurs in a more equitable manner. The study assesses whether Law No. 12.318/2010 has fulfilled its purpose or whether it has lost its effectiveness in the current context, justifying its revocation. The objective of the proposed research is linked to the problem presented, highlighting the need to establish alternatives that guarantee the protection of the fundamental rights of children and adolescents without requiring the complete revocation of the Parental Alienation Law. The study adopts a qualitative approach, based on bibliographic research, with the purpose of critically analyzing the information available on Law No. 12.318/2010 and its impacts, as well as the debates related to its possible revocation and replacement by Bill No. 1.372/2023.