[ID 128] LOVE AND COOPERATION

Consequences of Parental Alienation and Attempts to Change Law 12,318/2010

Abstract

INTRODUCTION: The Parental Alienation Syndrome (PAS) is coined as a term by the American psychiatrist Richard Gardner in the 1980s, characterizing that in matters of custody dispute and difficult or litigious separations, such disorder arises, when a parent tries to pose the minor against the other through a smear campaign.

OBJECTIVE: Therefore, this research intends to analyze the consequences of parental alienation, how they interfere in the biopsychosocial development of children who experience this syndrome and also the attempts to amend Law 12,318/2010, in order to answer this question: facing the importance of integral protection of children and adolescents established in the ECA and in the Federal Constitution of 1988, the Brazilian State should revoke Law 12,318 of 2010.

MATERIAL AND METHODS: The research will be carried out through literature review, using the hypothetical-deductive method, thus analyzing Law 12,318 of 2010 and other legal provisions, using as theoretical reference the book “Parental Alienation Syndrome, importance of detection, legal and procedural aspects” and others.

RESULTS: Among the results found, short-term consequences of parental alienation stood out, such as insecurity, anxiety, emotional dependence, and long-term consequences, an irremediable feeling of guilt.

CONCLUSION: It is concluded that the solution to fill the gaps and failures of Law 12,318 is not its repeal, but its improvement, aiming to correct and improve this provision, thus continuing to guarantee the fundamental basic rights of children and adolescents.