BRAZIL Law and Practice Contributed by: Cassio Namur and Roberta Toledo, Tortoro, Madureira & Ragazzi Advogados
Parental Alienation Parental alienation is dealt with in Law No 12.318/2010 (amended by Law No 14.340/2022), which considers an act of parental alienation 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, and who campaign negatively or prevent or hinder contact, destroying or harming the child’s bonds with the other parent so that the child or adolescent repudiates and rejects the other parent. Evidence of Children in Court If the magistrate deems it essential for the judg - ment of the case, children will be heard indirectly and through a specialised listening service, in an appropriate and welcoming place, with the infrastructure and physical space to guarantee their privacy. The testimony of children and adolescents, under these conditions, has the force of judicial evidence. It is not taken in isolation but is con - sidered with the other evidence produced in the process. 3.4 ADR In the extrajudicial scope, the parties can use mediation for all matters related to family issues, including financial and property disputes. Medi - ation can be carried out at the pre-procedural stage or even after the litigation has started. Sessions are held in private chambers and, in addition to private mediators and their lawyers, the parties can seek professionals with exper - tise in finance, accounting, valuation of assets, shareholdings, etc. Costs are at the expense of the interested parties.
submitted to the public prosecutor’s office and subsequently approved by the court. The maintenance process starts with the request for and establishment of provisional mainte - nance. The respondent is summoned to pay provisional maintenance, take part in a hearing in an attempt at conciliation, instruction and judg - ment, and summoned to present their defence and evidence at that same hearing. Following the decision of the judge, the interested party can appeal, and the provisional maintenance will be in force until the decision becomes final. A child cannot apply for financial support on their own, but must be represented, in gener - al, by one of their parents or by another legal representative (guardian, curator, etc) or by the public prosecutor, who has legitimacy in these situations. In the event of disagreements, the parties may refer the case to the judiciary. Litigious lawsuits involving issues related to custody and family life will be submitted to the judge, who may use the findings of a multidisciplinary team to resolve the conflict. The judge may rely on psychosocial studies – supported by meetings of the parties with psychologists and social workers – and be in a position to make a better analysis of the situation, always prioritising the best interests of the child. As for religion, it is important to remember that children and adolescents have the right to reli - gious freedom. Logically, it is up to the parents to raise and educate their children in accordance with their own convictions, given that the State will be responsible for intervening when the best interests of minors are compromised or at risk. 3.3 Other Matters Power of the Court
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