Tensões legais da alienação parental e os desafios da implementação da guarda compartilhada

Abstract

The family is an established institution that has undergone changes over time, both in its structure and in its legal precepts. From marriage to divorce, family ties are corrupted by parental alienation, a practice that contributes to the destruction of family bonds, depriving the child of the right to be with the parents and enjoy their emotional and psychological well-being. Initially, it was necessary to present the historical evolution of the Brazilian family entity. The importance of the principle of equality between parents enshrined in the 1988 Federal Constitution is also discussed, a principle of great importance in parent-child relationships. Lack of interaction may occur naturally, but it can also be imposed by the father or mother, or even by close relatives in a forced and harmful manner. The work demonstrates the importance of giving due attention to Parental Alienation Syndrome, given its high negative impact on children and adolescents, especially when their right to interact with both parents is restricted. Parental Alienation occurs when the parent who has custody of the child does not allow the child to interact with the non-custodial parent, often happening with mothers who have custody, but there are also cases of alienating fathers. This process involves the guardian preventing interaction, distorting the child's perception of the other spouse's role in the family, and not allowing contact beyond that stipulated by court order. The general objective of this work is to discuss the challenges of implementing shared custody and its effectiveness in minimizing the effects of parental alienation in the family context. To build the proposed research, a qualitative literature review was conducted, consulting materials such as books, scientific articles, and academic websites like Google Scholar, to understand existing literature on the subject. The methodology of this work involves reviewing existing literature on the topic to survey and critically analyze published documents in order to update, develop knowledge, and contribute to research. The study concludes that parental alienation has a significant impact on family dynamics, showing that Alienation Syndrome can have harmful consequences for a child's development and well-being, highlighting the importance of implementing shared custody to mitigate these effects and ensure the child's right to maintain an emotional relationship with parents, grow, and develop in a healthy environment.