THE CONSTITUTIONALITY OF LAW NO. 12,318/2010 IN LIGHT OF THE CONTROL OF LEGISLATIVE FACTS AND PROGNOSES: BETWEEN JUDICIAL DEFERENCE AND THE PROHIBITION OF SOCIAL RETROGRESSION

Abstract

The article examines the constitutionality of Law No. 12.318/2010, which regulates parental alienation, in light of judicial control over legislative facts and prognoses. It discusses the law’s protective purpose regarding the fundamental right to family life and the healthy development of children and adolescents, as well as controversies in its practical application, including claims of misuse and rights violations. The analysis relies on the state’s duty to protect fundamental rights, the principle of proportionality, and the prohibition of social regression, emphasizing the limits of judicial review and the deference owed to legislative choices.