LEI DE ALIENAÇÃO PARENTAL E SUAS CONTROVÉRSIAS: ANÁLISE ACERCA DO NECESSÁRIO APERFEIÇOAMENTO DA LEI NO ORDENAMENTO JURÍDICO BRASILEIRO

Abstract

The present work aims to analyze the Parental Alienation Law and the controversies surrounding its possible total revocation or modification of the norm, evaluating which is the most appropriate way. The main methods used were bibliographic and documentary research. In this sense, the concepts of parental alienation and parental alienation syndrome were presented in order to clarify the main differences. The research contextualizes the protection of childhood and adolescence in Brazil, which has as pillars the Federal Constitution of 1988, which established the absolute priority of the child, and the Statute of Children and Adolescents, which consolidated the Integral Protection Doctrine. Law 12.318/10, created to strengthen this protection, defines the act of parental alienation and provides for combat mechanisms such as expertise and sanctions, including the reversal of custody. However, after more than a decade of existence, its application has been subject to significant criticism, especially regarding the possibility of reversal of custody and the scientific non-recognition of Parental Alienation Syndrome, which intensified parliamentary debates. The central objection lies in the risk of instrumentalization of the law in legitimate complaints of sexual abuse, which can discredit victims and favor criminals, resulting in the revictimization of children. Given this controversy, the study analyzes the legislative proposals for reform or repeal, and the arguments in favor and against their maintenance, based on the effectiveness of the fundamental rights of children and adolescents. Thus, it is concluded that the complete repeal of the Parental Alienation Law would weaken the fundamental rights of children and adolescents because, despite the criticism of its poor application and instrumentalization, parental alienation is a reality that causes profound damage to child development. The proposed solution is not the extinction of the law, but its improvement and training of professionals involved in order to strengthen the protection of minors and avoid the inappropriate use of the norm, defending a broad debate so that normative changes do not remove constitutional rights.