The National Council of Justice (CNJ) approved the Protocol for Specialized Consultation of Children and Adolescents in cases of parental alienation in family law proceedings. The unanimous decision was made during the 4th Extraordinary Session of 2024, aiming to ensure compliance with the principle of the best interests of the child and adolescent. The protocol is the result of a Working Group comprised of legal professionals, psychologists, social workers, and others, coordinated by Justice Nancy Andrighi of the Superior Court of Justice (STJ).
The protocol establishes guidelines so that children and adolescents can be heard in a protected manner and without the presence of parents or caregivers, ensuring a more comfortable and hassle-free environment.
constraints. The methodology encourages the use of open-ended and neutral questions to allow young people to report their experiences more independently, avoiding family pressure. Furthermore, it guides careful analysis when the child demonstrates a polarized preference for one caregiver, which may indicate parental alienation.
Hearing scheduling must also follow specific rules, such as a minimum duration of one hour and a limit on the number of interviews per work shift, to prevent fatigue among the professionals involved. Electronic communication between the interviewer and the judge is mandatory to ensure that the minor is not left unattended during the testimony.
The protocol is extremely important to ensure that children and adolescents are treated as subjects of rights, as well as to protect young people from undue influence and assist in the elucidation of facts based on clear and unforced testimonies.