Alienação Parental e sua Prevenção Através da Guarda Compartilhada

Abstract

Parental alienation was inserted in the Brazilian legal system through Law 12.318/2010, reflecting the family’s conflicts that have grown over the years and motivated legal disputes, in which the disadvantaged seek intervention of the Judiciary to solve family problems, which could be remedied through dialogue, understanding and sharing of responsibilities. This context, shared custody, specified in Laws 11.698 / 2008 and 13.058 / 2014, comes up as a possible solution to parental alienation’s cases. This study have purpose of analyzing the phenomenon of parental alienation and its legal, social and psychic aspects, highlighting the importance of shared custody to point out effective ways to avoid and remedy conflicts related to the theme. Through jurisprudential analysis, the research proposes the debate on the possibility of shared custody when there is parental alienation. The metodology used for this study was the specific literature review, documentary and jurisprudence in a qualitative and descriptive way. The results show that shared custody is na effective and appropriate solution to prevent and resolve conflicts and overcome misunderstandings in parental alienation’s cases.