Parental Alienation in Brazil

Effectiveness or Repeal of Law nº 12.318/2010?

Abstract

This article aims to analyze the effectiveness of Law nº 12.318/2010, which addresses parental alienation in Brazil, considering the advances, limitations, and controversies arising from its practical application. The research seeks to understand whether the law, over more than a decade of its existence, has fulfilled its purpose of protecting the right of children and adolescents to a healthy family life, or whether it has become an instrument of distortion in judicial disputes between parents. The study adopts a qualitative and bibliographic approach, based on doctrines, scientific articles, and updated legislation, with an emphasis on the modifications introduced by Law nº 14.340/2022, which expanded protection mechanisms and reinforced procedural guarantees. The discussion is conducted from an interdisciplinary perspective, addressing psychological, social, and legal aspects of the phenomenon, as well as the role of the Judiciary and professionals in the fields of psychology and social work. The results indicate that, although the legislation represents an advance in the recognition of parental alienation as a form of psychological violence, it still presents weaknesses in its practical application, especially with regard to prevention and the adequate identification of cases. It is concluded that the repeal of the current law is not the most appropriate solution; rather, it is more pertinent to improve its application, based on prudent interpretations, interdisciplinary action, and public policies aimed at mediation and family psychological support.