THE (IN)EFFICIENCY OF PUNITIVE MEASURES APPLIED IN BRAZIL TO PREVENT PARENTAL ALIENATION

Abstract

This article deals with Parental Alienation, as provided for in Law 12.318/2010, explaining its concept, types and applicability. It describes the punitive measures provided for in the law to prevent this practice and guarantee the physical and psychological integrity of children and adolescents who are victims of this behavior by one of their parents. The work also shows the importance of the judiciary's role in identifying and putting an end to parental alienation. The highest incidence of this behavior by a parent or family member occurs in contentious legal separations or even in custody disputes, in which one of the parents uses tricks with the intention of damaging the image of the other parent in the eyes of the child or adolescent, as a form of revenge. The article also addresses recent changes in the law on parental alienation and the need for continued discussions to improve it, but not to revoke it. It also highlights that greater efficiency in the application of punitive measures faces structural, cultural and procedural limitations. The lack of effectiveness of punishments reinforces the urgent need for more active, swift and humane action by the judiciary, as well as the training of professionals involved in family processes.