A ineficiência e a má aplicação da lei da alienação parental no âmbito brasileiro

Abstract

This study is dedicated to the analysis of Law nº 12.318/2010 known as the ParentalAlienation Law, with a focus on camouflaging reports of domestic violence and child sexualabuse. The motivation for this work lies in the fact that the PAL was approved in Brazilwithout the participation of important groups for its elaboration, such as psychologists,psychiatrists, organizations that defend women and children, in addition to being based on atheory called Syndrome of Parental Alienation (SPA), which, in addition to having no provenscientific basis, violates the rights of children and adolescents. Given this scenario, the aim ofthe work was to demonstrate the problem involving the inefficiency and poor application ofthe PAL, especially in cases where the law is used as a procedural mechanism for revenge byparents who are suspected and accused of crimes such as domestic violence and child sexualabuse. In the end, the various legislations and mechanisms that in fact aim to protect minors inthe face of abuse and indiscriminate use of family power are highlighted, not carried out byPAL in the Brazilian context