Análise da Lei de Alienação Parental sob o viés da violência de gênero

Abstract

This monograph studies the contribution of Law n. 12318 of August 26, 2010 for the gender stereotype in Brazil. For this, there will be a brief reflection on the evolution of Family Law, especially with regard to women's rights, as well as a review of the institutes of family power, custody and the right to family life. After establishing the premises of the Parental Alienation Law, legislation based on the Parental Alienation Syndrome theory, it was found that its devices are being used as a defense strategy by abusers and/or aggressors, who use the legal provision that it considers act of parental alienation the false accusations of crime, to evade investigation and criminal conviction. In this context, it is noted how the aforementioned legislation contributed to gender discrimination in Brazil, as well as to the creation of a new stereotype: that of an alienating mother. Therefore, there is a movement in favor of the repeal of the Law both in the National Congress and in the Federal Supreme Court.