Alienação parental e a ausência de legislação no âmbito penal e suas consequências no Brasil

Abstract

The work addresses parental alienation and the absence of criminal legislation in Brazil, highlighting the consequences of this gap. Parental alienation occurs when one parent psychologically manipulates the child to distance them from the other parent, causing significant emotional harm, such as anxiety, depression, and relationship issues. Law No. 12.318/2010 defines parental alienation and provides for civil measures such as warnings and psychological counseling, but it does not include criminal penalties. This absence creates a legal vacuum, making it difficult to effectively protect children and allowing the alienating parent to go unpunished. The work argues that criminalizing this practice would be a necessary step to ensure a more effective response in combating this emotional abuse. A comparison with Argentine legislation, which criminalizes parental alienation, demonstrates that the application of penalties, such as imprisonment, can have a deterrent effect. In Brazil, the criminalization of this practice would provide authorities with stronger tools to protect the rights of children and alienated parents. In conclusion, parental alienation requires a more robust legal approach, and the creation of specific criminal legislation would be essential to ensure more effective protection against the emotional harm caused by this practice, promoting justice and preventing abuse in the family environment.