PREVENTIVE MEASURES TO PROTECT THE VICTIM OF PARENTAL ALIENATION: EFFECTIVE PROTECTION OR A LEGAL LOOPHOLE?

Abstract

This article analyzes preventive measures aimed at protecting victims of parental alienation, examining whether the mechanisms established by Law No. 12,318/2010 effectively guarantee protection for children and adolescents or present practical limitations. The study seeks to identify the main sanctions applied by the Judiciary and evaluate their effectiveness in preserving the emotional bond between the child and the alienated parent. Bibliographic and documentary research methods were used, with a qualitative approach based on the analysis of legal doctrine and recent Brazilian case law. The findings indicate that the Brazilian legal system provides relevant instruments, such as expanded family coexistence, fines, and custody modification. However, the effectiveness of these measures is compromised by procedural delays and the complexity of biopsychosocial evaluations, factors that hinder comprehensive protection and contribute to the worsening of emotional harm. It is concluded that legal protection remains only partially effective, requiring greater judicial celerity and institutional improvements to ensure the principle of the best interests of the child.