Alienação parental e suas implicações na perda do poder familiar: análise do caso Jane Soares Silva

Abstract

The application of the Parental Alienation Law (Law No. 12,318/2010) is included in the context as a relevant topic for the implementation of the principle of the best interests of children and adolescents. In several cases of litigious arguments, this legislation has been used as a strategic instrument to influence judicial decisions, which raises questions about its adequacy for the comprehensive protection of children and adolescents. The main objective of this paper is to analyze whether the application of the aforementioned law, and its effects on parental authority, effectively ensures the principle of the best interests of children and adolescents. The specific objectives are: to examine the legal concept of parental alienation; to discuss the application of the law in cases involving reports of violence and abuse; to investigate the influence of patriarchal structures on the interpretation and application of the law, especially in contexts of conflicts between parents; and to critically analyze the case of Joana Soares Silva. The research adopts an exploratory bibliographic approach, with deductive analysis of the data. The results indicate that the application of the Parental Alienation Law, in certain circumstances, not only fails to guarantee the best interests of the child, but can also contribute to judicial decisions that expose minors to physical and psychological risks, as evidenced in the case analyzed.