PARENTAL ALIENATION IN FAMILY LAW: AN ANALYSIS OF THE APPLICABILITY AND INTERPRETATION OF SPECIFIC LEGISLATION BY BRAZILIAN COURTS

Abstract

The phenomenon of parental alienation has been the subject of profound reflection and discussion in recent decades, particularly due to its impact on the balance of family relationships. This psychological manipulation, carried out by one of the parents or guardians, aims to alienate and break the emotional bonds between the child and the other parent. This study investigates specific Brazilian legislation, including Law No. 12,318/2010, Law No. 14,340/2022 and Law No. 14,713/2023, the Child and Adolescent Statute (ECA), the Brazilian Civil Code, and reviews relevant judicial decisions. It analyzes parental alienation in the context of contemporary transformations in the concept of family, exploring how these changes impact family dynamics and, consequently, cases of parental alienation. Renowned jurists such as Maria Berenice Dias and Rolf Madaleno, among others, are cited to discuss the legal and social implications of parental alienation. The dissertation highlights the need for an in-depth understanding of the phenomenon of parental alienation within the context of new family configurations, addressing the legal and emotional repercussions for the children involved. It also proposes a reflection on necessary legal practices, as well as addresses the roles and challenges faced by legal practitioners, psychologists and other professionals involved in cases of parental alienation in an evolving family environment. Using a qualitative and exploratory methodology, it addresses the problematic relationship between evidence, truth and justification of the decision on the facts. Finally, based on a detailed analysis of current legislation and judicial practices, it is concluded that the main limits in combating parental alienation in Brazil lie in the subjective interpretation of laws, the dependence on specialized expertise, the insufficient application of preventive measures and the slowness of the judicial system.