The Senate approved today (12) a bill (PL) that prohibits parents investigated for domestic violence from having custody of their children, even shared custody. Project 634/2022 modifies rules on parental alienation, which is the practice of psychological manipulation of the child by one of the parents, in order to harm the construction of a bond between the child and the other. The project goes to presidential sanction.
The bill amends parts of law 12,318, of 2010, which provides for parental alienation. It includes in article 2, which brings the definition of parental alienation, a new item. This item expands the concept brought by the law, including the affective abandonment of the child or adolescent by the parents or guardians, and their omission from their parental obligations.
The bill amends another section of the law, prohibiting the granting of shared custody to a parent who is investigated for a crime against the child or for a crime of domestic violence. According to the project’s rapporteur, Rose de Freitas (MDB-ES), the legislation that guarantees the child the right to live with both parents is being used to practice parental alienation.
In the rapporteur’s assessment, law 12,318 was manipulated by the aggressors to promote the reversal of guard. “Thus, the law would be manipulated to, often, promote the reversal of custody, as well as to raise protective measures against mothers accused of parental alienation, and this regardless of the existence of criminal investigations established to investigate domestic violence committed. precisely by the adverse parent”.
A point maintained in the text that came from the Chamber deals with the coexistence between parents and children during the course of proceedings instituted to investigate cases of parental alienation. The text assures the child and the parent the assisted visitation in the forum in which the action is processed or in entities agreed with the Justice. The visitation, however, will not occur if there is a risk to the physical or psychological integrity of the child or adolescent.
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*With information from the Senate Agency
