LEI DE ALIENAÇÃO PARENTAL: UMA ANÁLISE A PARTIR DA TEORIA CRÍTICO JURÍDICO FEMINISTA

Abstract

The Parental Alienation Law was created from the studies of Richard Gardner, professor, psychiatrist and creator of the Parental Alienation Syndrome, in which he normalized and used theses of sexist origin, pro-pedophilia and misogynistic interpretation to justify the child's refusal to living with your guardian. In Brazil, for jurists and legislators, the Parental Alienation Law has the objective - in theory - of protecting children and adolescents from the psychological interference of their parents, but over the course of another decade, the negative consequences of it emerged and proving Its negative use in Family Courts. Allegations of sexual abuse and domestic violence against children, adolescents and women occur in cases of parental alienation. Regrettably, in the face of such accusations, the Judiciary Branch reproduces gender violence, considering that most of them discredit the victims, as they overvalue their behavior as if they were guilty. Furthermore, the objective of this research is to study what impacts the Parental Alienation Law can have on family relationships and whether it would be necessary to change or repeal the law. Therefore, from the analysis carried out and studies, it is concluded that the Parental Alienation Law changes to be a tool of rights violations for infants and also for the woman, the mother. In short, it is necessary for the Brazilian Justice to see how the Parental Alienation Law is harmful to everyone around it, as it comprises a tangle of injustices and an affront to the rights of women, children and adolescents.