A alienação parental e a análise sobre a viabilidade do projeto de lei nº 1.372/2023

Abstract

The present article aims to analyze the viability of the law project no. 1.372/2023, whose objective is to completely revokes the Parental Alienation Law – no. 12.318/2010. To support the article, we will start from the conceptualization of the essential terms for family law and its historical evolution, the emergence of the term – Parental Alienation Syndrome by the North American Richard Gardner, from the analysis of the Parental Alienation Law, which aims to prevent alienating acts between parents or close relatives, mainly, in cases where marital ties are broken – which also affects the dispute over custody of the child. Finally, the negative aspects of the project currently being processed in the Federal Senate are demonstrated, mainly regarding the suspension of the protection rights for children and adolescents that already exist with the current law. The research methos used were descriptive, deductive, in addition to quantitative. Thus, with the article we conclude that the Parental Alienation Law in Brazil is misinterpreted and its applicability in the judiciary is precarious, being the basis for making the Law Project inefficient so that the appropriate solution is the creation of legislation that aims to correct the flaws of the current law.