A (in) constitucionalidade da Lei de alienação parental: uma análise frente as tentativas de revogação da lei à luz do melhor interesse da criança e do adolescente

Abstract

This course completion paper is focused on the legal system within the family law, aiming to analyze the phenomenon of parental alienation, the attempts to reform the law 12.318 of 2010, as well as the proposed repeal made in the Direct Action of Unconstitutionality 6273, facing the best interests of children and adolescents. For many years, children have not had their rights protected and covered by legislation, being victims of abandonment and mistreatment by those who should ensure their protection. The Child and Adolescent Statute emerged as a form of comprehensive protection, considering children and adolescents as individuals with rights, and assigning the duty to the state and the family to ensure the absolute priority of their rights. Thus, the parental alienation law arose as a way to inhibit the effects of psychological abuse generated to the offspring, due to the practice of manipulation by one of the parents who has custody, with the main purpose of interfering with the coexistence and relationship of both. In this way, the research goes through an analysis of the initial concepts of parental alienation, the alienating conducts, and the legal mechanisms for protecting the child provided for in the LAP. In this sense, it is also aimed at investigating the possible unconstitutionality of the current law, its proposed repeal, and how this may affect the main victims of this practice, being the children and teenagers. The study goes through the legal sphere, taking into account basic principles such as the guarantee of the best interests of children and adolescents, the importance of their care and well-being and because it is a practice of risk to the future of the one who is in a phase of psychological development, which shows the relevance of understanding the omissions present in the law, for their protection.