Article Brazil: New Law Modifies Measures to Be Taken Against Parental Alienation

On May 18, 2022, Brazilian President Jair Bolsonaro signed into law Law No. 14,340, which amended Law No. 12,318 of August 26, 2010, to modify procedures to protect children from parental alienation, and Law No. 8,069 of July 13, 1990 (Child and Adolescent Statute), to establish additional procedures for the suspension of family power.

According to article 2 of Law No. 12,318 of August 26, 2010, an act of parental alienation is considered to be interference in the psychological formation of the child or adolescent, promoted or induced by one of the parents, by the grandparents, or by those who have the child or adolescent under their authority, custody, or surveillance so that the other parent is repudiated or the establishment or maintenance of links with the parent is harmed.

Law No. 14,340 amended paragraph 4 of article 2 of Law No. 12,318 to ensure to the child or adolescent and to the parent a minimum guarantee of assisted visitation in a specified and agreed-on location, except in cases in which a professional appointed by the judge to monitor the visits certifies that there is an imminent risk of harm to the physical or psychological integrity of the child or the adolescent. Before the amendment, the location for the visitation was not specified.

Furthermore, article 8-A was added to Law No. 12,318 to mandate that the testimony of children and adolescents deemed necessary in cases of parental alienation be carried out under the terms of Law No. 13,431 of April 4, 2017, which establishes the system that guarantees the rights of children and adolescents who are victims or witnesses of violence. Law No. 14,340 also removes the suspension of parental authority provided for in article 6(VII) of Law 12,138 from the list of possible measures to be used by the judge in cases of parental alienation.

Law No. 14,340 added paragraphs 3 and 4 to article 157 of the Child and Adolescent Statute. Article 157 states that for a serious reason, the judicial authority may, after hearing the Public Prosecutor’s Office, decree the suspension of the parental family power, preliminarily or incidentally (liminar ou incidentalmente), until the final judgment of the case, with the child or adolescent being entrusted to a suitable person by means of a statement of responsibility (termo de responsabilidade).

The new paragraph 3 determines that the granting of the preliminary injunction (liminar) will preferably be preceded by an interview with the child or adolescent before a multidisciplinary team and a hearing with the other party, pursuant to Law No. 13,431, of April 4, 2017.

Paragraph 4 further determines that if there are indications of an act violating the rights of children or adolescents, the judge will communicate the fact to the Public Prosecutor’s Office and forward the relevant documents.

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Chicago citation style:

Brazil: New Law Modifies Measures to Be Taken Against Parental Alienation. 2022. Web Page. https://www.loc.gov/item/global-legal-monitor/2022-07-04/brazil-new-law-modifies-measures-to-be-taken-against-parental-alienation/.

APA citation style:

(2022) Brazil: New Law Modifies Measures to Be Taken Against Parental Alienation. [Web Page] Retrieved from the Library of Congress, https://www.loc.gov/item/global-legal-monitor/2022-07-04/brazil-new-law-modifies-measures-to-be-taken-against-parental-alienation/.

MLA citation style:

Brazil: New Law Modifies Measures to Be Taken Against Parental Alienation. 2022. Web Page. Retrieved from the Library of Congress, <www.loc.gov/item/global-legal-monitor/2022-07-04/brazil-new-law-modifies-measures-to-be-taken-against-parental-alienation/>.