A análise do projeto de lei nº 1.372/2023 e as possíveis consequências da revogação da Lei de Alienação Parental no âmbito do sistema jurisdicional brasileiro e nos direitos da criança e do adolescente

Abstract

This research is developed around the discussion of the repeal of the Parental Alienation Law (Law nº 12,318/2010). In principle, the historical context of the aforementioned law will be presented, analyzing its concepts, objectives and implications for the rights of children and adolescents. Next, some of the bills that proposed repealing the Parental Alienation Law will be examined, and verify the justification for a new bill (PL 1,372/2023) being proposed, in addition to presenting opposing opinions. and in favor of the repeal of this provision. At this point, discussions about the repeal of the legal provision, which range from the lack of scientific basis of the “Garderian Theory” to the relationship between reports of sexual abuse and reversal of custody, highlight the importance of discussing the topic, as a guarantee of the preservation the principle of the best interests of children and adolescents. That said, the possible consequences of the repeal of the law will be verified, with regard to the rights of children and adolescents and within the scope of the Brazilian judicial system. Furthermore, alternative measures will be asked about the full repeal of the Parental Alienation Law, aiming to preserve the basic principles expressed in the Federal Constitution and the Statute of Children and Adolescents, as a means of reaching and allowing children and adolescents, main characters of this relationship, have the right to develop concomitantly with a harmonious family coexistence. In this research, it was found that it is possible to apply alternative measures to the full repeal of the law, as a means of preventing acts of parental alienation. The research has a descriptive nature and was developed using the deductive method to explore the proposed theme.