Alienação parental: os efeitos de uma lei que expõe crianças e adolescentes a abusadores.

Abstract

This work aims to demonstrate the implications of Law No. 12,318/2010, on parental alienation and its innovations in the Brazilian legal context. Its creation was involved with controversy due to the fact that it is based on teachings of the controversial American psychiatrist Richard Gardner. He was responsible for developing the theory of Parental Alienation Syndrome (PAS), which was rejected by the American Medical Association and the American Psychiatric Association for lack of scientific basis that justifies its existence. The law, in turn, used the term "Parental Alienation" (PA) to designate direct psychological interference in the formation of the child and/or adolescent - caused by one of the parents and which causes damage to the maintenance of the bond with the other parent - and it addresses a set of mechanisms that raise the question of whether the protective objective is effective or whether it causes the distortion of that purpose. Since the State is condescending when it allows the reversal of custody to be carried out without due factual assumptions, it ends up allowing that victims of sexual abuse are exposed to their abusers