A possível revogação da lei da alienação parental no ordenamento jurídico brasileiro

• Autor(a) principal: Sales, Amanda Machado
• Data de Publicação: 2020
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Institucional da Universidade Federal do Ceará (UFC)
• Texto Completo: http://www.repositorio.ufc.br/handle/riufc/55196
• topic: Alienação Parental; Síndrome da Alienação Parental; Lei nº.: 12.318/2010; Projeto de Lei nº.: 498/2018; CPI dos Maus-Tratos

The proposal to repeal Law no.: 12,318/2010, which provides for parental alienation, is analyzed by Bill no.: 498/2018 offered by the Federal Senate, and which is currently in progress before this legislative house. The Bill comes from the conclusions of the Parliamentary Commission of Inquiry on Mistreatment, which, in the course of its work, identified the misuse of the rule by abusive parents, who, supported by legal provisions, led to the making of precarious complaints by the adverse parent. aiming at obtaining custody of the minor and the perpetuation of their conduct. The complete revocation of the normative text, however, is subject to severe criticism. Most of these are motivated by the legal uncertainty that the exclusion of the rule will bring to the national scene. In this context, the parental alienation syndrome is initially analyzed. Then, a study is made of the Family Law institutes that govern family relationships after the marital breakdown and, finally, the conclusions of the CPI on Maltreatments and the processing of the bill in the Federal Senate are examined, focusing on the opinion of the Commission on Human Rights and Participatory Legislation, HRC, and the proposal for a substitute amendment. The work is constituted through the bibliographic analysis of national and foreign works about concepts that involve the theme and the study of Law no.: 12.318/10, of the national jurisprudence related to the problem, of the report resulting from the CPI dos Maltratos, of the opinion from the Commission on Human Rights and Participatory Legislation on the bill and the substitute amendment suggested by Senator Leila Barros. It concludes that it is impossible to completely revoke the normative text and the need to approve the bill in terms of the text of the amendment proposed by the HRC, since it presents the correction of the motivating flaws in the revocation lawsuit.