A constitucionalidade da lei de alienação parental e os impactos sociojurídicos de sua aplicação no ordenamento brasileiro

Abstract

This study analyzes Law No. 12,318/2010, known as the Parental Alienation Law, investigating its constitutionality and the socio-legal impacts resulting from its application. The central issue is to understand how the law reconciles its principles with constitutional rights such as due process, the best interests of the child, and full protection, especially considering criticisms of its misuse in contexts of domestic violence. The general objective is to analyze the law’s constitutionality, while specific objectives include examining the theoretical assumptions of Parental Alienation Syndrome (PAS), evaluating the critical reception of the law by legal practitioners, and investigating its practical effects, including the amendments introduced by Law No. 14,340/2022. The study is justified by the increasing use of the law in courts and the controversies that may compromise the effective protection of children and adolescents. The analysis demonstrates that Law No. 12,318/2010, although designed to protect family bonds and prevent emotional manipulation, revealed technical weaknesses and risks of misuse, particularly in cases of domestic violence. The influence of Richard Gardner’s Parental Alienation Syndrome and the critiques of scholars such as Clara Sottomayor highlight the need for individualized, evidence based assessments. In this regard, Law No. 14,340/2022 represents a significant advancement, ensuring supervised visitation, deadlines for psychological and biopsychosocial reports, limiting extreme measures, and reinforcing protected hearings according to Law No. 13,431/2017. The legislative update strengthens the integral protection of children and adolescents, promotes more balanced and humanized decisions, and reaffirms the Brazilian legal system’s commitment to the safety and well-being of minors in family disputes.