FALSELY ACCUSED OF PARENTAL ALIENATION: A LEGAL ANALYSIS OF ALIENATING CONDUCT

Abstract

This article addresses the debate on the repeal of Law No. 12.318/2010, driven by allegations of its misuse. In this context, the central argument is that a false accusation of parental alienation does not constitute a mere procedural abuse, but rather qualifies, in itself, as an act of parental alienation under the terms of Article 2 of the aforementioned law. The research, of a legal-dogmatic nature, employs the method of documentary and bibliographic analysis, based on legislation, doctrine, and case law, in addition to a dialogue with Canadian law regarding coercive control. The legal interpretation of the norm reveals that Brazilian law focuses on the agent's intent (dolo), rather than requiring the concrete result of the child's estrangement. It is clear, in this context, that the use of the expression "false complaint" was intentionally broad, so as to cover any type of unfounded imputation before judicial, police, or administrative authorities. The conduct is classified under items II (disqualification campaign) and VI (presenting a false complaint) of Article 2, and is interpreted systematically with the Constitution, the Civil Code, and the Code of Civil Procedure, also constituting an abuse of rights and a tortious act that gives rise to moral damages. It is concluded that the crisis surrounding the topic is not legislative but one of application, making it imperative to recognize the false accusation as an alienating act to preserve the integrity and protective purpose of the norm.