A alienação parental e os desafios judiciais

Abstract

Parental Alienation (PA) is the interference in the psychological formation of the child or adolescent promoted or induced by one of the parents, by the grandparents or by the child or adolescent under his or her authority, custody or supervision to repudiate the parent or cause the establishment or maintenance of links with it, which is described in Law No. 12,318 / 2010. Controversially there are cases in which they suggest that the application of this law is being done wrongly, when the possible alienator is, in fact, the victim. Therefore, the present study aimed to discuss the definitions about PA and the Parental Alienation Syndrome (SAP), differentiating them; describe the judicial historical evolution that led to the enactment of the specific legislation for the PA, exemplifying its application; as well as discussing challenging and limiting cases of legislation.