The present work approached the Parental Alienation Law analyzing the proposals of
legislative alteration in progress in the national congress. For that, bibliographic
research was used as a methodological procedure, carried out in academic google,
scielo and bank of theses and dissertations, in addition to information taken from the
websites of the courts and the Federal Senate, which made it possible to bring
jurisprudential information and the PLs in process. Thus, it was possible to answer the
proposed objective of analyzing the legal institute of Parental Alienation regarding its
effectiveness. For that, the Parental Alienation (AP) and Law 12,318/2010 were initially
addressed, clarifying its historical evolutionary context and social representation, as
well as the consequences of the Parental Alienation Syndrome (SAP) and the legal
protection provided for in these cases. Next, the procedures and difficulties regarding
the application of Law No. 12,318 by the judge were discussed, as well as false
accusations and possible solutions to the problem. Finally, the Legislative changes
represented in this work by PLS 498/2018, PL 6371/2019, PL 10.712/2018, PL
7352/2017 and PLS 5030/2019 were analyzed. Through the data collected, it was
possible to conclude that the LAP is a great achievement in Brazilian law for the
protection of the fundamental right of healthy coexistence of minors, but due to several
occurrences of misuse of purpose, due to false complaints, difficulties of application,
among others, it is not being effective in what it proposed to protect, but its total repeal
would be considered a step backwards in the legal regulation and would encourage
the harmful practices of the AP, considering its legal helplessness, in this context the
bills that aim to revoke both it, when changing it, thus, it was understood that there are
several legislative suggestions for its better reformulation, being more prudent the joint
analysis of all the proposals so that they are discussed so that they achieve better
mechanisms for the protection of children and adolescents.
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