As consequências civis e psicossociais da alienação parental e o papel do Estado na proteção da criança e do adolescente

Abstract

This article aims to clarify about the importance of the law of parental alienation for the protection of the healthy psychological development of the minor, which is with a mind still in formation, therefore damages caused at this stage of development have a negative impact throughout their whole life. In this regard, in view of the function for which the parental alienation law was created, and in accordance with law nº 8.069/1990 (ECA) which provides for the State's role in guaranteeing the integral protection of children and adolescents with absolute priority, it is intended to consider the PL nº 498/2018, which aims to repeal the Parental Alienation Law with the argument of deviation from the protective function which the law was created to exercise, due to its use in bad faith in cases of complaints regarding physical abuse practiced against minors by one of the parents in which it is not possible to gather conclusive evidence.