Análise da Lei de Alienação Parental e as controvérsias em torno desta legislação

Abstract

Family is the first foundation of an individual and, often, the primary base of knowledge and inspiration for a child. This way, the infant needs a balanced environment to grow psychologically healthy. However, when situations of family imbalance start to happen, the minor ends up being harmed, specially when parents start putting the child against each other, preventing the minor’s coexistence with both genitors or important people of his family circle, which is denominated “parental alienation”. In front of that, the law’s role is to create protective mechanisms for the child, with the intention of ensuring dignity during the infant’s growth. For this reason, the Legislative Power criated the “Parental Alienation’s Law”, as well as other legal means that help with the protection of the child and teenagers. That way, it is important to understand the “Law 12.318/2010”, check its effectiveness, and the negative points. Therefore, the objective is to understand the punitive character of the law and the importance of implementing preventive mechanisms to the legislation. That way, alternatives are searched to ensure that the infant’s protection rights be guarded, such as the shared custody and the application of a more complex expertise, that can actually identify the real cases of parental alienation.