THE PARENTAL ALIENATION LAW AND THE GENDER PERSPECTIVE

Abstract

This work deals with Law 12.318/2010, which discusses Parental Alienation, focusing on the application of legal regulations in specific cases, with greater attention to issues of gender perspective. In this context, its inappropriate use as an instrument of coercion and manipulation of women will be addressed. The study of the Parental Alienation Law is necessary because instead of protecting the best interests of children and their fundamental rights and guarantees, in numerous times, it serves for the spread of abuse and violence. This practice occurs both in the father-child relationship and in the coexistence between former companions, bringing negative consequences to the social, economic and legal reality. Because it is a controversial subject, there are difficulties in relation to the matter due to the duality of polarized and radical positions in which part defends the validity of the law and another part pleads for its modification or revocation. In this sense, the study aims to weigh the positive and negative points, emphasizing the gender perspective that the law reaches. The methodology used consists of basic research, qualitative approach, descriptive scope and purpose of proposing formative evaluation. It is concluded that the topic in question is the center of debates today and in order for the Parental Alienation Law to turn exclusively to the objective it is proposed, a reform is necessary in its text and in the entire Judiciary. In this way, the fundamental rights and guarantees of both children and adolescents and women can be made effective.