Lei de alienação parental: formulação, aprovação e aplicação no Brasil

Abstract

Based on the ideas of psychiatrist Richard Gardner on the Parental Alienation Syndrome, Law 12.318/2010 (Parental Alienation Law – LAP) was drafted, approved and enacted in Brazil in a swift manner and represents a legislative milestone in the context of family relationships, aiming, in theory, to curb practices that may negatively interfere in the formation of parental bonds. However, its implementation raises a series of reflections and criticisms that demand a deep and contextualized analysis. The debates and polarizations about the legislation and its assumptions, still latent in the Brazilian scenario, demonstrate that, while some understand that parental alienation (PA) is a child behavioral disorder caused by the conduct of one of the parents – mostly the mothers – a conduct that would supposedly violate the rights of children and adolescents, others understand that, both in the legitimization of the use of the expression "parental alienation" and in the approval and application of the LAP, There was and still is a movement to blame the maternal figure, to lack protection of daughters and to pathologize behaviors and family relationships. In order to analyze the assumptions employed by the various social actors involved with the theme, which sometimes reinforce, sometimes contest the AP/LAP, it was necessary to resort to a historical study of the legislation, still in force in Brazil, having privileged Foucault's genealogical proposal, focusing on historical processes, on the production of discourses, on the construction of knowledge legitimized as truths and on power relations in this context. Propositions by other scholars that address not only the theme of PA but also themes of judicialization of life, family relationships, childhood and adolescence, and gender were also considered.As a result, it was found that different professionals of Psychology, Social Work, Law, among other social actors, as researchers and scholars of SAP/AP/LAP, who are based on scientific knowledge, research and practice, agree that there was a rapid propagation of Gardner's proposal and that its uncritical incorporation still contributes greatly to the adoption of a pathologizing and punitive perspective on parental conflicts in contexts of parental disputes. guard. By privileging the identification of possible psychological/psychiatric pathologies, perpetuating situations of submission, violence and silencing of women-mothers and their sons and daughters, they reaffirm the adversarial logic present in the justice system, thus fostering the judicialization of family relationships and life. This dissertation aims to explore the Parental Alienation Law in the Brazilian scenario, adopting a critical perspective that seeks to understand its impacts, limitations and challenges.