Alienação parental: sob a ótica jurídica

Abstract

The Family Institute dates back to Roman law and, at that time, patriarchy was in force in family relationships, and so it continued until the 20th century, when several social movements emerged, bringing transformations to society, among them, highlighting the isonomy of rights and duties between men and women. Thus, nowadays family relationships have changed a lot, today with the fifth article of the Federal Constitution, men and women have the same rights and duties, and in family relationships, it is no different, both have the same obligations towards the family. Parental Alienation consists of the practice carried out by one or both parents or, even being practiced by third parties, of deceiving the mind of the child or young person, making them believe in various untruths, to harm their relationship with the other target parent, causing several problems for children and young people, from isolating themselves from other people, even suffering from Parental Alienation Syndrome, a syndrome that has not yet been recognized by the World Health Organization. The general objective of this research is to bring a reflection and general contextualization of the practice of parental alienation, showing its main characteristics, briefly approaching the history of the Family Institute and, finally, pointing out possible solutions through the main mechanisms existing in Brazilian law. Our specific objective is to highlight the best alternatives for interrupting and preventing acts of parental alienation, in order to protect the psychological integrity of children and adolescents. The present study has as methodology, the bibliographical research of several works, such as doctrines, books, articles, legal magazines, Laws, International Norms, master's and graduation dissertations. In 2010, Law No. 12,318 was approved, with the objective of combating this practice and protecting our children and young people, creating tools for Brazilian magistrates to act. In addition, there are several other legal tools, such as the Shared Guard Institute, the Child and Adolescent Statute and Family Mediation. After the elaboration of this research, it is concluded that the best alternatives for the problem are: the determination of shared custody, the carrying out of a family mediation and the carrying out of a technical expertise elaborated by a multidisciplinary team.