Presidency of the Republic BRAZIL Civil house Subchefia for Legal Affairs Law No. 12,318, OF AUGUST 26, 2010. Provides for parental alienation and amending Art. 236 of Law 8069 of July 13, 1990. THE PRESIDENT OF THE REPUBLIC I know that the Congress decrees and I sanction the following Law: Art. 1 This Law provides for parental alienation. Art. 2nd act of parental alienation interference with psychological training of the child or promoted or induced by a parent, by grandparents or by having the child or adolescent under his authority, custody or supervision teenager is considered to repudiate parent or adversely affecting the establishment or maintenance of ties with this. Single paragraph. Exemplary are forms of parental alienation, beyond acts so declared by the judge or discovered by expertise, or charged directly with the aid of third parties: I - perform disqualification campaign conduct in the exercise of the parent parenthood; II - hinder the exercise of parental authority; III - hinder contact with child or parent of a teenager; IV - to hamper the exercise of the right of regulated family life; V - the parent deliberately omit relevant personal information about the child or adolescent, including educational, medical and changes of address; VI - to present false complaint against parent, family against this or against grandparents, to obstruct or hinder them living with the child or adolescent; VII - change the domicile to distant location without justification, seeking to hamper the coexistence of child or adolescent with the other parent, with this family or grandparents. Art. 3 The practice act of parental alienation hurts fundamental right of the child or adolescent family life healthier, prevent the implementation of affection in relationships with parent and family group, is moral abuse against the child or adolescent and noncompliance with duties attached to parental authority or arising from guardianship or custody. Art. 4 Declared clue act of parental alienation, the application or office at any time procedural, or incidentally in autonomous action, the process will have priority processing, and the judge will determine, with urgency, after hearing the prosecutor, the interim measures necessary to preserve the psychological integrity of the child or adolescent, including to ensure their familiarity with parent or enable the effective rapprochement between the two, if any. Single paragraph. The child or adolescent and the parent assisted minimum guarantee of visitation will ensure, except in cases where there is imminent risk of injury to the physical or psychological integrity of the child or adolescent, certified by any professional designated by the judge for monitoring visits . Art. Fifth Having indication of the practice act of parental alienation in autonomous action or incidental damages, the judge, if necessary, determine biopsychosocial or psychological expertise. § 1 The expert report will be based on extensive psychological evaluation or biopsychosocial, as appropriate, inclusive, comprising personal interview with the parties, examination of documents in the case, the couples relationship history, split chronology of incidents, personality assessment involved and the examination of how the child or adolescent is manifested about possible charges against parent. § 2 The skill will be performed by professional or skilled multidisciplinary team, required in any case proven by professional or academic history to diagnose acts of parental alienation fitness. § 3 The expert or a multidisciplinary team appointed to assess the occurrence of parental alienation will within 90 (ninety) days to submit the report, renewable only by judicial authorization based on detailed justification. Art. 6th Characterized typical acts of parental alienation or any conduct that hamper the coexistence of child or adolescent with parent in autonomous action or incidental damages, the judge may, together or separately, subject to civil or criminal liability arising from and the extensive use of able to inhibit or mitigate its effects procedural instruments, according to the severity of the case: I - declare the occurrence of parental alienation and warn the alienating; II - expand the regime of family life in favor of the alienated parent; III - stipulating the fine alienating; IV - require psychological and / or biopsychosocial monitoring; V - determine the change of the guard for joint custody or its reversal; VI - to determine the precautionary attachment of domicile of the child or adolescent; VII - to declare the suspension of parental authority. Single paragraph. Characterized change of address abusive, impracticability or obstruction to family, the court may also reverse the obligation to take or remove the child or teens parent residence, during the alternating periods of family life. Art. 7th Assigning or changing of the guard will give preference by the parent that enables the effective coexistence of the child or adolescent with the other parent in cases where joint custody is not feasible. Art. 8 The change of domicile of the child or adolescent is irrelevant to the determination of related actions based on the right to family life jurisdiction, unless resulting consensus between the parents or court decision. Art. 9th (Vetoed) Art. 10. (Vetoed) Art. 11 This Law shall enter into force on the date of its publication. Brasilia, August 26, 2010; 189th and 122nd Independence of the Republic. Lula DASILVA Luiz Paulo Teles Ferreira Barreto Paulo de Tarso Vannuchi Jose Gomes This does not replace the text published in the Official Gazette of 27.8.2010 and rectified in the Gazette of 31.8.2010
Posted on: Thu, 25 Sep 2014 00:10:25 +0000
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