PARENTAL ALIENATION: ELEMENT OF (DES)PROTECTION: OF THE CHILD IN COURT PROCEEDINGS

Abstract

Parental alienation consists of the emotional manipulation of a child by one of the parents in order to remove it from the other, being regulated in Brazil by Law no 12.318/2010. For this, it is imperative to understand how the judiciary interprets and applies this legislation. Therefore, the question is: what is the understanding of the judiciary about parental alienation? The objective of this study is to analyze parental alienation as an element of (de)protection of children in legal proceedings. As for the approach, a qualitative research, as for the objectives an explanatory research and as for the research techniques, we used bibliographic and documentary review based on authors such as Gardner (1998), Azambuja (2014), Dias (2015), as well as documents such as the Federal Constitution, the Statute of the Child and Adolescent, Law No. 12.318/2010, Law No. 13.431/2017, and the Convention on the Rights of the Child. The study points to the need to enhance the protection of children and adolescents within the judicial sphere, highlighting that, although judicial proceedings aim to ensure such protection, further progress is needed in the debate on the applicability, limitations, and real impacts of the legislation on parental alienation. The research concludes that the issue demands a more sensitive, technical, and interdisciplinary approach, avoiding both its trivialization and omission, while also proposing improvements in judicial practices and encouraging scientific production on the subject.