REVOGAÇÃO DA LEI DA ALIENAÇÃO PARENTAL: (RE)PENSANDO PROTEÇÃO, GÊNERO E O MELHOR INTERESSE DA CRIANÇA

Abstract

This study provides a critical analysis of Law nº 12.318/2010, which codifies parental alienation in Brazil, evaluating its impacts on the protection of children and adolescents as well as its gendered implications. The objective is to examine the historical and conceptual trajectory of parental alienation, substantiating the relevance of its repeal as proposed nº 2.812/2022. The research is grounded in documentary and bibliographic analysis, encompassing scientific literature, legislation, institutional reports, and emblematic case studies. Findings indicate that the law’s implementation, based on controversial clinical constructs, reinforced gender stereotypes, undermined reports of domestic and sexual violence, and produced adverse effects on children and protective caregivers, as exemplified by the Joanna Marcenal case. It is concluded that the repeal of the statute is essential to ensure comprehensive protection of children and adolescents, advance gender equity, and align judicial practices with ethical, scientific, and international human rights standards.