Alienação parental: da constituição do sujeito ao sujeito de direito

Abstract

This work intends to contribute to the studies about Parental Alienation Syndrome (PAS) having as an initial focus a reading from the perspective of the legal aspects of this syndrome, entering in a critical way in the normative aspects and possible damages in the formation of the subject, as well as tracing a link between the constitution of this subject and the subject of law. Parental Alienation Syndrome is a complex and controversial issue, first outlined in 1985 by Richard Gardner, with the purpose of describing the situation in which the separated parents, (or in the process of separation), are disputing the custody of the child or children, specifically the alienator, manipulates and conditions the child to break the affective bonds with the other (the alienated), usually the parent, creating feelings of anxiety and fear in the former partner. Next we will seek to reflect on the subject in the psychoanalytic view, trying to better understand the complex family conflicts that exist within this context of the disintegration of the maternal social cell with the disastrous introduction of the syndrome of parental alienation. In this sense the subject, in the view of Lacan’s psychoanalysis, is constituted through the relation that establishes with the world and with the other, from language. Necessarily, this constitution is made in a “traumatic” way, considering “trauma” as a structuring experience of human subjectivity. It is at this point that psychoanalysis differs from other approaches that study the subject, for it is impossible for the subject to think without the domain of the unconscious.