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Em decisão histórica e vinculativa ao Brasil, signatário da Convenção para a Eliminação de todas as Formas de Discriminação contra a Mulher, o comitê recomenda ao Brasil que revogue a Lei de Alienação Parental e altere a legislação que permite o casamento de menores de 18 anos, eliminando assim dispositivos e práticas que violam frontalmente a convenção.
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“Marriage and family relations
52. The Committee notes that Law 14.713 (2023) establishes that the risk of domestic or family violence is a ground for preventing the exercise of shared custody and imposes a duty on the judge to investigate situations of domestic or family violence. However, it notes with concern:
(a) That Law No. 12,318 (2010), known as the Parental Alienation Law, has been used against women who denounce domestic violence by the father, resulting in stigmatization of these women and deprivation of custody of their children;
(b) The high prevalence of child marriage in the State party, despite the legal age of marriage of 18 years, as marriages can be contracted from 16 years of age with the approval of the parents or guardians, and that child marriages often lead to early and repeated pregnancies and births, contributing to the high rates of maternal morbidity and mortality in the State party.
53. In line with the Committee’s general recommendation No. 29 (2013) on the economic consequences of marriage, family relations and their dissolution, the Committee recommends that the State party:
(a) Repeal Law No. 12,318 (2010), known as the Parental Alienation Law, eliminate judicial gender bias and ensure that domestic courts give due weight to situations of domestic and family violence and the best interest of the child when deciding on custody and visitation rights upon divorce;
(b) Amend article 1.517 of the Civil Code to remove the exception allowing for child marriage between 16 and 18 years of age subject to the parents’ authorization, in line with article 16 (2) of the Convention and joint general recommendation No. 31 of the Committee/general comment No. 18 of the Committee on the Rights of the Child (2019) on harmful practices”.
