The parental alienation law: a way to guarantee the best interests of children and adolescents

Abstract

During childhood and adolescence, individuals are vulnerable to society and the world, being emotionally and financially dependent on their guardians. In this sense, many couples end up getting divorced and the child or teenager begins to go to two homes, receive two different treatments and hear criticism about the other person responsible, which can result in conflicts, which if intense, can also involve acts of abuse. parental alienation. In this sense, this research aims to address whether the parental alienation law could guarantee the principle of the best interests of children and adolescents, protecting children and adolescents from psychological violence, perpetrated by the practice of parental alienation. Therefore, we seek to analyze the principle of best interests of children and adolescents, based on a reading of Law 8,069/90, in addition to conceptualizing and contextualizing parental alienation within the Law. Finally, we seek to verify whether the advent of the Parental Alienation Law can guarantee that the principle of the best interests of children and adolescents is assured. The approach methodology used is deductive, since it is already based on the assumption that Law 12,318/2010 guarantees that children and adolescents have their interests assured. It is concluded, therefore, that the Parental Alienation law is capable of ensuring that the principle of the best interests of children and adolescents is respected.