Violência de gênero e alienação parental: uma análise da (in)constitucionalidade da Lei 12.318/2010

Abstract

The present work's aim is to promote an analysis of Law No. 12,318/2010 known as the Law of Parental Alienation (LPA), especially from a gender perspective. This because much has been debated about its trivialization and misapplication, generating a situation of lack of protection and insecurity both to the subjects who have their rights protected, children and teenagers, as well as to the woman/mother, who is over labeled as an alienator and has her word questioned and delegitimized when claiming abuses and violence suffered. Thus, it is necessary to ponder over the inequalities that remain between men and women, stemming from gender, and consequently, from the social roles that are created for both, limiting them and defining

them into behavioral categories, because it is in this context that arises what is called gender- based violence, that through the reiteration of roles and reproduction of gender stereotypes,

create an inferiorization and oppression of women within the juridical sphere, given that it is already a predominantly sexist institution and oppressive toward women. That said, it will be analyzed from gender and its reverberations, the condition of women within society and law and how this reflects in the application of the Law of Parental Alienation (LPA). The objective is, therefore, to analyze whether the Law of Parental Alienation represents gender-based violence, so that its constitutionality or lack thereof is considered, to understand its context of origin, debate the implications arising from its application and finally, discuss about gender and gender-based violence in law from the perspective of legal feminism. To this end, the hypothetical-deductive method will be used with the purpose of maintaining or falsifying the hypotheses presented. Being an exploratory and explanatory/descriptive research, with a qualitative approach and bibliographic procedure, through consultation in books, academic and scientific articles (thesis, monograph, dissertation) and legislation. In general, and in accordance with what has been exposed, it is noted that the existence of gender issues permeating the application of the LPA is evident, which has consequently generated its misapplication, which calls into question its validity as a tool aimed to protect a fundamental legal good, proving necessary to consider possible alterations that will do justice to its effectiveness and practicality.