Alienação parental: a vulnerabilidade da criança e do adolescente e o direito de família

Abstract

The enactment of Law No 12.318/10 caused an important impact not only on culture, but also on legal praxis. Such law aims to inhibit or mitigate the incidence of parental alienation, having in mind that the identification of the problem is of great importance when it comes to avoiding irreparable damage to the parties involved. The judiciary, in the Family Courts, has the multidisciplinary support of legal operators, social workers and psychologists, to help diminish the problem. The aforementioned law represents a relevant achievement for the Brazilian judicial system. As well as the Federal Constitution, the Child and Adolescent Statute and the Civil Code, it is here to protect minors and their fundamental rights, safeguarding, among them, their healthy family life and their moral conduct, faced with a fact that by itself affects them, the separation. The legal mechanism diposes that, the practice of parental alienation harms children’s and adolescent’s fundamental rights by means of not experiencing a healthy family nucleos, relevantly jeoperdizing the affectuous relationship towards a parent and other Family members as a whole. It constitutes moral abuse against a child or teenager and implicates in noncompliance of duties inherent to the parental authority or generated from judicial protection and guardianship. In order to avoid Parental Alienation, parents should be aware of their actions and, above all, that the marital relationship is not to be confused with parenting, as children need the presence of both parents for a healthy and balanced development. In the absence of such an environment, the issue must be handled very carefully, not only by the judiciary, but by society at large, due to the growing number of family conflicts involving parent dispute cases, and especially because it involves the interests of minors, the future of our society. In this sense, it is recognized that Law 12.318 / 10 is here to reaffirm the principle of integral protection for children.