Parental alienation in Brazil: what the law says
Badmouthing the other parent, blocking visits or moving far away without reason may amount to parental alienation in Brazil. Examples, court measures and the law's status in 2026.
Sidnei Pedro Dias
9/27/20263 min read
Under Brazilian law, parental alienation is interference in the psychological development of a child or adolescent, by one parent, the grandparents or whoever has custody, to make the child reject the other parent or to harm the bond between them (art. 2 of Law 12.318/2010).
Examples listed in the law
- campaigning to discredit the other parent;
- making contact between the child and that parent difficult;
- obstructing parenting time already set by the court;
- deliberately withholding school or medical information or a change of address;
- filing a false report against the parent, their family or the grandparents to block contact;
- moving far away without justification to hinder contact.
The list is not exhaustive. The judge may recognize other acts, including based on expert assessment (art. 2, sole paragraph).
What happens in court
When there are signs of alienation, the case gets priority, and the judge, after hearing the Public Prosecutor, may take urgent measures to protect the child and secure contact. The law guarantees at least supervised visits, unless there is a risk to the child's physical or psychological integrity (art. 4).
If needed, the judge orders a psychological or biopsychosocial assessment, with a report within 90 days (art. 5). Hearing the child must follow the special testimony rules of Law 13.431/2017 (art. 8-A).
Measures the judge may apply
- declare that alienation occurred and warn the parent responsible;
- expand parenting time with the alienated parent;
- impose a fine;
- order psychological or biopsychosocial follow-up;
- change custody to shared custody or reverse it;
- set the child's residence as a precautionary measure.
In case of an abusive change of address, the judge may also reverse the duty to drop off and pick up the child (art. 6, § 1). Since Law 14.340/2022, suspension of parental authority is no longer on the law's list of measures.
Could the law be repealed?
A bill to repeal the law is pending in the Chamber of Deputies (PL 2.812/2022). The Constitution and Justice Committee approved it in December 2025. As of September 2026, the bill was awaiting a ruling on an appeal by the Chamber's Board. For now, Law 12.318/2010 remains in force.
Critics of the law point to the risk that alienation claims may be used to discredit reports of violence. That is why each case requires careful expert evidence and attention to the child's safety before any conclusion.
If you are going through this
- keep written records of arrangements and breaches, by message or e-mail;
- keep evidence of denied visits and withheld school or medical information;
- do not retaliate or expose the child to the conflict;
- avoid speaking badly of the other parent in front of the child;
- go to court to set parenting time or enforce what was already decided.
SPD Advocacia handles custody, parenting time and parental alienation cases throughout Brazil, including for parents living abroad, with digital service. Learn more in family law or message us on WhatsApp (62) 98184-3257.
Updated September 2026. Informational content, in line with Brazilian Bar (OAB) rules (Provimento 205/2021). Each case needs its own analysis, and we do not promise results.