(The legal treatment of parental alienation syndrome in Latin America: a comparative analysis from the principle of the best interests of the child)

Díaz-Mundaca D.M.; Chavez-Ramos N.P.; Cordova-Buiza F.; Huertas-Vilca K.S. · Onati Socio-Legal Series (2026) · DOI: 10.35295/osls.iisl.2372

Resumen

Parental Alienation Syndrome (PAS) is a complex issue that affects the emotional well-being of minors and directly impacts the protection of their best interests. In Latin America, the absence of a uniform regulatory framework has led to disparate approaches in judicial systems, limiting the effectiveness of protective measures in custody proceedings. This study aims to comparatively analyze legal and jurisprudential responses to Parental Alienation Syndrome in Peru, Argentina, and Brazil, using a qualitative approach based on documentary analysis of regulations and case law. The analysis was complemented by semi-structured interviews with experts in comparative law, allowing for a comprehensive and multidimensional evaluation. The results show that while Peru and Argentina address the phenomenon indirectly through regulations on children's rights and domestic violence, Brazil has a specific law (Law No. 12,318/2010), although its application has been controversial. It is concluded that the lack of legal and scientific consensus on PAS weakens the capacity of legal systems to guarantee the comprehensive protection of minors. The study highlights the urgency of harmonizing regulations in the region, promoting an interdisciplinary approach that articulates law, psychology, and child protection.

Instituciones: Universidad Tecnológica del Perú; Universidad Privada del Norte