ALIENATION LAW: A MECHANISM FOR PROTECTING OR PERPETRATING CHILD ABUSE?

Abstract

Since its inception, Law 12,318/2010 has been the target of criticism and proposals for its repeal, under the argument that it is being used as a tool to perpetuate sexual abuse against children and adolescents, as well as gender-based violence. Therefore, it is necessary to investigate the application of the Parental Alienation Law in the Brazilian judiciary, in light of this contemporary debate about its repeal. The choice of the topic is justified by the lack of consensus regarding the repeal or permanence of the Parental Alienation Law in the legal system, which has generated increasing debates and, even, bills that seek its withdrawal or alteration of its text. As for methodological procedures, a qualitative approach was adopted, with bibliographical research and documentary analysis of Bills, institutional opinions, doctrines, jurisprudence and corresponding legislation, as well as statistical data that deal with their application in Brazilian courts. The results obtained highlight the great polarization that surrounds the topic, revealing the importance of reaching a consensus as soon as possible regarding its permanence. At the end of the presentation, it is concluded that the repeal of the Parental Alienation Law constitutes a hasty measure and is incapable of protecting children and adolescents from abusive parents. This is because, although improvements are necessary in its wording, in order to enable its effective application in Brazilian courts, removing it from the Brazilian legal system is disregarding the scenario that justified its creation, as well as reestablishing legislative gaps that have already been overcome.