A lei de alienação parental e as medidas protetivas de urgência, derivadas da lei maria da penha.

Abstract

Throughout this scientific work, it will be possible to understand the possibilities of federal law 12,318 of August 26, 2010, known as the Parental Alienation Law, affecting urgent protective measures granted under the aegis of federal law 11,340, of August 7, 2006, known as Lei Maria da Penha. This study is justified, as there is an idea among society, about the full repeal of law 12,318 of 2010, by bill no. 1,372/2023 and 2,812/2022. In this sense, a bibliographical review will be used as a research method, analyzing and comparing the understanding of different jurists on the matter, in addition to analyzing judgments from State Courts and the Superior Court of Justice, in order to point out an affirmative or negative relationship on the possibility of the Parental Alienation Law, undermine the effectiveness of urgent protective measures, resulting from the application of the Maria da Penha Law. The work will unfold in three stages organized into sections, the first being more inclined to specify Parental Alienation in relation to its form or origin, the second, aimed at connecting it with legal institutes, intending to expose how the dynamics of a case of parental alienation in the judiciary. Finally, the third will address possible solutions when confronting rights abuses in urgent protective measures, using law 12,318 of 2010.