A instrumentalização da alienação parental como forma de violência contra a mulher, criança e adolescente

Abstract

The aim of this monograph is to carry out a socio-legal analysis of Law No. 12.318/10, known as the Parental Alienation Law (LAP), and its subsequent changes, which introduced the concept of parental alienation into the Brazilian legal system. The theory of parental alienation was inspired by the work of American psychiatrist Richard Gardner and consists of undue interference in the psychological formation of a child or adolescent by one of the parents, or whoever has custody, with the aim of damaging the emotional bond or causing repudiation of the other parent. Currently, the law has been much discussed among movements that believe it has been a source of threat to women and a great ally in perpetuating gender violence through the constant threat of losing custody of the child in a context of violence, materialized through a rule that deprives the mother of her maternal rights, in situations where the LAP is used as a defense strategy by parents accused of child abuse or violence against women, invalidating the woman's word and allowing abusers to remain in contact with their victims. The purpose of this paper is to examine the discrepancies in the application of the Parental Alienation Law, from the perspective of the principle of the best interests of the child. Furthermore, it seeks to demonstrate the danger of using the law for violence against women. This will be achieved through a deductive approach and the adoption of a theoretical research methodology, which involves the use of bibliographic material and legal documents.