O direito dos filhos a um ambiente de formação harmonioso e saudável: a guarda compartilhada como possível elemento de mitigação dos malefícios advindos da prática de alienação parental

Abstract

Shared custody is a modality that, although already provided for in the civil code, has suffered a amendment with the enactment of law 13,058 of 2014, starting to be considered as a rule, to the detriment of of unilateral custody, when there is no consensus between the parents regarding the custody of children in the context of marital separation. From this perspective, custody is an attribute of the family power that is not extinguished with conjugality, a power that is born with the emergence of offspring and consists of several duties that parents have in relation to their children, care, health, food, security, education, etc. When analyzing the panorama of marital separation, it is noted that, sometimes, animosity and conflicts between ex-spouses are triggered, which reveals a scenario conducive to the emergence of parental alienation, used as an instrument of revenge between the parents, but which directly affects the children, since it consists of a “brainwashing” in the victim child or adolescent in order to create aversion to one of the parents, the alienated person. With the reiteration of this practice, the Parental Alienation Syndrome (PAS) appears, a stage in which the child or adolescent victim are already psychologically affected, a situation that can be irreversible in certain cases. From this perspective, the damage to several children's rights and adolescents, including human dignity, health, family life and an environment harmonious and healthy training. Thus, this work aims to analyze whether the guard sharing has the potential to mitigate parental alienation in Brazil, providing an environment harmonious and healthy development for children and adolescents. Therefore, this study is used the dialectical methodology, which is based on the constant contradiction between the different ideas and the reality, supported by doctrines, monographs and articles, in addition to provisions of the Federal Constitution of 1988, of the Statute of the Child and Adolescent (ECRIAD) and the Convention on the Rights of the Child. It was concluded, therefore, that shared custody is a powerful instrument in the fight against alienation parental control in Brazil, given that with this modality both parents are co-responsible for the formation of children, that is, there is the permanence of family life so that the children continue nurturing the bonds with their parents, which allows the visualization of the true characteristics of the parents, without manipulations. However, even so, each case demands an attentive look at its peculiarities, so that joint custody can fulfill its purpose, always bearing in mind that this modality must be prioritized by the operators of the law, who must make the parents about the benefits of this custody, in a movement that seeks the best interests of the child and of the teenager