LEGAL CONSEQUENCES OF THE APPLICATION OF THE PARENTAL ALIENATION LAW: A CRITICAL APPROACH

Abstract

The family must be protected in its essence and, for that to happen, it is necessary to understand the transformation process to which the institute has been submitted before the social changes that have been installed within the community. The State, through Divorce Law no. 6.515/1977, ensures the dissolution of the marriage bond, as well as safeguards the effects resulting from these acts. It has been observed that the practice of parental alienation is increasingly common in litigious divorces and that it needs to be eliminated from the Brazilian social scenario, mainly due to the consequences generated to the child or adolescent. This article was built by means of a qualitative bibliographic review, which relied on laws, doctrines, court decisions, scientific articles and websites as a means of gathering data. It aims to analyze the Law of Parental Alienation, seeking to make a critical approach to it, to verify the need or not of applying sanctions to the alienator, considering the damage that some sanctions can bring to children, investigating the practices of acts that violate this institute and that end up interfering with the healthy development of children and adolescents who are victims of these actions, seeking at the end of the study to understand possible solutions to avoid the recurrence of this harmful conduct.