PRÁTICAS INTERVENTIVAS E RESOLUTIVAS EM CASOS DE ALIENAÇÃO PARENTAL: ESTUDO DAS SENTENÇAS DO TJPB

Abstract

The present study aimed to understand the role of the Judiciary in resolving cases of Parental Alienation (PA), analyzing the approaches adopted, the challenges faced and the impacts on protecting the interests of the children involved. To this end, it presented general information about AP, starting with the concepts and characteristics. Therefore, the possible consequences of AP and some instruments that can help in detecting and coping with AP were demonstrated. Finally, we analyzed sentences judged at the Court of Justice of Paraíba – TJ-PB in order to understand some recurring and important variables for combating AP. The methodology used was a literature review on doctrines on the analyzed topic, combined with documentary research on jurisprudential understandings, allowing us to affirm that the way PA has been faced in the state of Paraíba inspires concern and reflects what also occurs in other Brazilian states . The processes are slow, leaving children exposed to risk situations for a long period and, when the PA is identified, there is not always a change in custody, removing them from the alienating parent. This time, even though there are psychosocial studies attesting to the occurrence of PA, the magistrate is not obliged to follow what the reports of these studies recommend, which seems to be a great inconsistency, considering that psychological technical expertise is normally requested to provide clarification on areas of knowledge that are outside the domain of judges. Thus, tackling PA in Brazil requires greater speed from the Judiciary, always aiming for the best interests of the child and the dignity of the human person.