FERREIRA, André Luiz Queiroz; BRAZ, Maria Eduarda de Sá Pessoa; SANTOS, Maressa de Melo
Abstract:
The present study investigates the challenges and limitations of Law n.º 12.318/2010,
which addresses Parental Alienation, in its practical application by the Brazilian legal
system. Parental alienation is observed as a psychosocial and legal phenomenon,
criminalized to protect the child's right to healthy family life, yet its application has
generated intense controversy, especially concerning the effectiveness of protective
measures and the rigor of evidential evaluation. The main objective is to identify the
obstacles that impede the full effectiveness of the legislation, particularly in light of
criticisms about the law's potential instrumentalization in contexts of conflict orviolence. The adopted methodology is qualitative, combining bibliographic research,
for theoretical grounding on Family Law and the legal framework, with documentary
research, focusing on the critical analysis of jurisprudence from Brazilian courts,
aiming to understand the law's manifestation in concrete cases. The expected results
indicate a significant contribution to the legal debate, offering insights for the
improvement of judicial practices and public policies, seeking a more humane and
effective response from the justice system in protecting the best interest of the child
and adolescent.
