PARENTAL ALIENATION AND ITS IMPACT ON FAMILY LAW ACTIONS

Abstract

This article addresses the impact of parental alienation on Family Law actions, focusing on the application of Law 12.318/2010. The choice of the topic is justified by the social and legal relevance of the phenomenon, which directly affects parental bonds and the emotional well-being of children and adolescents in contexts of conflictual separation. The general objective is to analyze the effects of parental alienation on judicial decisions involving custody, cohabitation and parental authority, in light of the principles that govern contemporary Family Law. The methodology used was qualitative research, of an exploratory and bibliographical nature, based on authors who critically approach Law 12.318/2010, as well as on the analysis of relevant legal provisions and doctrines. The main results indicate that parental alienation is a harmful practice, characterized by negative interference in the psychological development of the child, promoted by one of the parents with the intention of distancing him/her from the other. It was observed that Law 12,318/2010 brought relevant instruments to confront alienation, although its application still generates debates regarding the subjectivity in identifying alienating behaviors and the risk of instrumentalizing the rule in legal disputes. It is concluded that the effectiveness of the rule depends on interdisciplinary action, the sensitivity of legal professionals and the adoption of measures that guarantee the best interests of the child, without disregarding the rights and duties of parents. Critical reflection on the legislation and its applications reveals the need for continuous improvement of legal and psychosocial practices aimed at protecting children and promoting healthy family relationships.