Abstract:
With the growing wave of relationship endings, the need to protect children's rights
arises, because when this end is disturbed, children and adolescents are used as
instruments of revenge, becoming victims of parental alienation. In order to combat
this, there is the Parental Alienation Law in Brazil, Law nº 12.318/10, which aims to
prevent situations in which one of the parents seeks to remove the other fromcoexistence with their children, either through disqualification campaign, making
social interaction difficult or using any other means. But to what extent has this Law
really been protective? Thus, this work has the general objective of exposing the
social and legal aspects of the Parental Alienation Law from a critical perspective of
the law as a possible violator of the rights of children and adolescents and their
families, seeking to answer whether the aforementioned rule has really been useful.
for the protection of children and adolescents or has been used only to violate rights.
The methodology used is exploratory research, with bibliographic sources that
address the central aspects of the present study. Many grounds were found for the
repeal of the Parental Alienation Law, as it has deviated from its initial protective
purpose, assuming the status of a rights violation. It is inferred that the
aforementioned law must be repealed, as children and adolescents are people in a
peculiar condition as a developing person, deserving full and broad protection from
the State.
