The misuse of the law of parental alienation in cases of sexual abuse

Abstract

Parental alienation is a complex phenomenon that occurs when one parent tries to manipulate the child or adolescent into moving away from the other parent, sometimes as part of family conflicts. The Federal Constitution of 1988 and the Statute of Children and Adolescents establish the protection of the rights of these infants, highlighting the best interests of the child as a priority. The Parental Alienation Law was created in Brazil to combat the problem, it declared parental alienation as an illegal act and established sanctions for those who practice it. However, the law has undergone changes over time to improve its effectiveness and prevent its misuse. The interdisciplinarity between Law and Psychology plays a fundamental role in identifying and resolving cases of parental alienation. Professionals in these areas work together to assess the situation, protect the child's interests and ensure that legal decisions are based on solid evidence. In some cases, parental alienation law is misrepresented, especially in situations of sexual abuse, which can be used as a tactic to discredit the allegations of the child or adolescent victim. It is crucial to approach each case sensitively and consider all available evidence, ensuring the victim is protected while avoiding misuse of the law. In short, it is important to avoid misrepresentation of the law in sensitive cases, such as sexual abuse, while ensuring the safety of victims.