Il Brasile criminalizza la PAS (Parental Alienation)

Finally the world has witnessed the first Government with the courage and insight to recognize and legislate for the criminalization of Parental Alienation. Brazil is the first country in the world to actually enshrine the cursed criminal behavior of Parental Alienation into its criminal code of justice. By so doing, Brazil is now leading the way into facing up to the  world’s human rights responsibilities, which obliges every country to protect the human rights of it’s nations’ children, by ensuring all their children enjoy a continuing relationship with both of their responsible parents.
First up we speak with Brian Ludmer, Lawyer and Expert on Parental Alienation in Toronto Canada. Brian is a highly credentialed lawyer with expertise in corporate /commercial and securities law and Family Law, most particularly with Parental Alienation.
The advantages of having exposure to both fields is that his commercial background brings a perspective to what Family Law could be or should be when Family Law is often dysfunctional. The understanding promotes negotiations between parents. The difference is that in business the benefits are often shared which may not be the case in Family Law. In Family Law it is often a zero sum with winner takes all instead of the optimal situation of two healthy homes.
Brian has written many papers on PA. He defines PA as a pattern of behaviour or a strategy by an aligned parent leading to a rejection in whole or in part of the other parent. You look at the results to determine if it is mild, moderate or severe. It is sometimes called “Parental Alienation Syndrome.”
We then speak with Tamara Brockhausen Psychologist and writer on Parental Alienation from Sao Paolo, Brazil, who is the wife of Judge Elizio Perez, the Brazilian Judge who wrote the world’s first Law criminalising Parental Alienation from Sao Paolo, Brazil. Tamara kindly volunteered to translates the interview with Judge Perez.
Judge Perez commented that although parental alienation occurs in Brazil as it does in other countries the justice system ignored it until the legislation that he introduced.
The law has been in place in Brazil since August 2010. There is still some resistance in Brazil to even the existence of PA among professionals such as therapists so the Judge sees this as a good thing that the law is in place.
The broader application of the law is that parents who are worried that there may be PA occurring can read the law for themselves and then ask questions. They are worried about the penalties to which they may be exposing themselves.
A good thing about the new law is that PA is set out and defined so Judges can do something without having to wait for a report from Psychologists or other professional experts.
Judge Perez said that the list of symptoms set out in the law came from the professional advisers such as therapists and affected parents. When proved in Court the Judge can impose a fine or one of the other penalties.
The penalties available include uncapped fines. The Judge determines the amount of the fine after taking everything into account including the severity of the alienation and the means of the parents. Fines have ranged from $100 to $1000 a day while the alienation continues. Other remedies include increasing the time with a parent or making it joint. If joint is not possible the Judge can reverse the residence order.

Fonte:
http://dadsontheair.squarespace.com/