Alienação parental e violência de gênero: uma análise crítica da Lei n.º 12.318/2010 e da Síndrome de Alienação Parental no contexto brasileiro.

Abstract

This paper critically analyzes the concept of parental alienation and its application in the Brazilian legal system, especially after the enactment of Law No. 12.318/2010. The research discusses the origin of the theory, based on the controversial Parental Alienation Syndrome (PAS), proposed by Richard A. Gardner, highlighting its fragile scientific foundation and inappropriate use in the forensic environment, based on the argument that parental alienation, often presented as an instrument of child protection, can be used strategically to delegitimize legitimate complaints of domestic violence and sexual abuse, especially when made by mothers. The dissertation draws on academic, legal and institutional sources to show that the concept, despite presenting real elements, often contributes to the re-victimization of women and children and thus promotes judicial decisions based on pseudo-scientific criteria. It proposes a critical rereading of forensic practice and greater technical rigor in the assessment of alleged cases of alienation, to avoid the instrumentalization of the law and guarantee the effective protection of victims, considering the context of violence and gender inequality in custody disputes, recognizing the child as a subject of rights, and not just as an object in litigation.