A eficácia da guarda compartilhada na diminuição dos casos de alienação parental

Abstract

Under Law 13,058 of December 22, 2014, articles 1,583 to 1,585 and 1,634 of the Civil Code were amended, establishing the meaning of the term "shared custody", disposing of its application and adopting such instrument as a rule in the legal system. Conflicts between the parents after the rupture of the conjugal society, which often end up reaching the minor, and in this sense, the practice of parental alienation, in which one of the spouses tries to disqualify and demoralize the other, or any of the caregivers, seeking to influence the child or adolescent to compromise the image of the alienated parent, making the child seek to defend himself against a nonexistent threat. In many cases this practice results in harm to the minor, such as antisocial, violent and even criminal attitudes, as well as depression and a possible remorse in the future, this being the consequence of the parental alienation syndrome. The need to understand the characterization of parental alienation, to differentiate it from the parental alienation syndrome, and how this can be reduced when shared custody, which seeks a full participation of both parents in the life of the child, is avoided. distancing caused by unilateral custody, for the greater interest of children and adolescents and other principles, for example, the principle of family solidarity, affectivity and equality between spouses and partners. Thus, the present study seeks to understand the rights and duties of the parents, provided for in Law 13.058 of December 22, 2014, asking how shared custody can contribute to preventing cases of parental alienation. To develop the theme, the dialectical method is used, analyzing arguments favorable and contrary to the application of this guard and the objectives that led to the approval of said law.