FROM PARENTAL ALIENATION TO COERCIVE VIOLENCE: PERSPECTIVES FROM CANADIAN COURTS AND REFLECTIONS FOR BRAZILIAN LAW

Abstract

Considering the legitimacy crisis of the Parental Alienation Law in Brazil (Law No. 12.318/2010), which is the subject of intense debate for its repeal due to allegations that it instrumentalizes family violence, the objective is to analyze the evolution of the Canadian legal system, which has transitioned from the concept of parental alienation to the broader framework of family violence and coercive control, in order to draw reflections for improving child protection in Brazil. To do so, a comparative, documentary, and bibliographic analysis of the Civil Law (Brazil) and Common Law (Canada) systems is carried out, focusing on the legislation of both countries, case law, and reports from the Canadian Department of Justice from 2005 and 2023. It is observed that the main distinction lies not in the law itself, but in Canada's systemic maturity, which, following the 2021 Divorce Act reforms, prioritizes child safety over parental contact and frames alienating behavior itself as a form of coercive control. This allows for the conclusion that Brazil's challenge is not the lack of a law, but the underutilization of its instruments, requiring the maturation of forensic and judicial practices to apply existing legislation with the technical rigor and systemic understanding of family violence demonstrated by Canada.

DOI: https://doi.org/10.56238/edimpacto2025.038-004