COMPLEXIDADE DO FENÔMENO DA ALIENAÇÃO PARENTAL E SUAS CONSEQUÊNCIAS JURÍDICAS NO BRASIL

Abstract

This study aims to clarify the concept of parental alienation, examine its causes and consequences, as well as discuss possible social and legal strategies to prevent and address this relevant social problem. Regarding such a vexatious situation, Law No. 12,318 of 2010, in its article 6, lists a series of acts that produce parental alienation. The aforementioned law reveals situations that characterize typical acts of parental alienation, for example, “any conduct that makes it difficult for a child or adolescent to live with a parent, in an autonomous or incidental action”. Although the Human Rights Commission of the Federal Senate (CDH) approved the project that fully repeals the Parental Alienation Law, Law No. 12,318 of 2010, the objective of this research is to analyze this family scandal and its implications for mental health of the son or daughter, and, discuss possible psychological damage to children and adolescents and point out ways to prevent and treat this relevant social problem. In everyday life, it is necessary to awaken in parents an interest in protecting their children. This protective action is essential in light of the intelligence of article 1690 of the New Brazilian Civil Code, which divides responsibilities for the protection of children, on equal terms and in a democratic way. It was found that preventing and dealing with parental alienation is essential, therefore, promoting a healthy communication environment between parents. Cooperation, dialogue and mutual respect are essential to avoid conflicts and preserve the relationship between parents and children. Therefore, the repeal of the Law does not have the power to erase with a sponge the horizon of social reality, which is much stronger than the abstract text of the Law. This is not possible, but rather the creativity of the judges in making it cease or prevent parental alienation from continuing in each specific case.