PARENTAL ALIENATION: ADVANCES AND CHALLENGES OF LAW NO 12.318/2010

Abstract

This article with the theme PARENTAL ALIENATION: advances and challenges of Law No. 12,318/2010 presents an analysis of LAP and the divergent positions regarding its applicability, bringing the concept of Parental Alienation, how it configures its practice and what measures should be taken for its due repair. Furthermore, it is based on the Federal Constitution, the Civil Code and the Statute of children and adolescents in order to facilitate the understanding of the relationship between the topic and fundamental rights, as well as the principle of the best interests of children and adolescents. Furthermore, in relation to the Civil Code, the article also presents the possible civil responsibilities of the alienator, highlighting the forms of punishment to be applied in each case. Given the above, it presents the following problem: is there a need to revoke the LAP or should it be legally supported? However, the appropriate article aims to bring out the characteristics of Parental Alienation and how it psychologically affects the development of the minor, in addition to seeking to understand the unfavorable questions regarding the acceptance of the law as well as the need for legislative support.