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Journal: Unesc em Revista (Vol.6, No. 1)

Publication Date:

Authors : ; ; ; ;

Page : 34-53

Keywords : Parental alienation; alteration; revocation; legal instability.;

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The purpose of this article is to investigate the applicability of mechanisms to protect children and adolescents at risk due to parental alienation practices, in the light of guiding principles in the field of law and current legislations. The research brings as initial parameters the general explanation of the referred practices and the consequences that this phenomenon implies - in particular the parental alienation syndrome - in order to analyze the effectiveness of Law 12.318/2010, which deals with this subject and has been object of many debates in the legal system, especially when there is no adequate evidence, which results in its inapplicability. The objective is, therefore, in the face of numerous discussions, to debate whether there would be a need for the repeal or just the amendment of the aforementioned law. The theoretical basis of the article results from the research of doctrines, laws and scientific articles, related to the proposed theme, whose technique will be of analysis by the deductive method. To the proposed, it was concluded that it is possible to bring social effectiveness with changes in law 12.318/2010 in order to guarantee the legal stability and security of the alienating parent and the child and adolescent who live with the common practices of the alienated parent. It is also possible to verify that if the parents do not use the children as an instrument of revenge, hatred and contempt, the child is able to use means to support the parents' marital breakdown, without causing permanent consequences to the physical and psychological integrity of the child's mental health and of the teenager.

Last modified: 2023-01-31 07:54:25