VICTIMS OF THE FAMILY COURT IN BRAZIL PROPOSE ACTION FOR COMPENSATION FOR USING THE PSEUDO SCIENCE “PARENTAL ALIENATION”
10 mothers and 13 children, and of the 13 children 4 have already died due to public agencies (Family Court and Guardianship Council) deciding the mandatory shared custody even in the context of domestic violence.
The Victims filed an Action in the Federal Court in 2022, requesting the amount of R$ 12,120,000.00 (twelve million, one hundred and twenty thousand reais) for each Victim. (Case no. 5014335-78.2022.4.03.6100)
In the said Action, the Victims question the processing of the processes in the Family Court, when the right thing would be the processing in the COURT OF CHILDHOOD AND YOUTH, as provided for in Art. 148 sole paragraph).
They also question the unconstitutionality of the law for hurting human rights not only against mothers, but especially children who are the most vulnerable in the context of domestic violence. They question the non-observance of the Belém do Pará Convention, which since 2014 prohibits the use of Parental Alienation in cases of domestic violence, as well as the use of mediation and conciliation hearings, procedural acts completely repudiated by the International Conventions and Treaties.
They also demand compensation for the economic impoverishment to which they were subjected to institutional violence to the extent that they were subjected to psychological monitoring by pseudoscience without having absolutely any scientific recognition by the World Health Organization or by the American Psychiatric Association.
They also indicate the lack of specialized training by the public agents who acted in the processes, demonstrating that in the majority of the Brazilian judiciary the specialization of the Magistrates who work in the Family Courts has training in matters of Public Records, and not in Domestic Violence.
The said Action was granted Free Justice, but was dismissed. It is currently in the second degree of Appeal, being without movement of 05/20/2023.
It should be noted that in the Brazilian judiciary processes involving children should have priority processing, but this reality is out of reach.
In the coming days will be proposed new Action for Compensation with a new group of Victims, among them involving the crime known as the Campinas Massacre, where the ex-husband of Isamara Filier on New Year’s Eve 2016/2017 jumped the wall of the family home that was in celebration and committed the largest mass femicide known in the history of Brazil. That night 11 victims from the same family were killed for lack of state protection to Isamara and her son, even though she reported in her last police report that her ex-husband had threatened her with death.