O melhor interesse da criança na aplicação das medidas punitivas previstas na lei de alienação parental: uma perspectiva da justiça restaurativa

Abstract

The practice of parental alienation can entail several damages for the child, consists in malicious acts perpetrated by the parent or by those who have the child under guard or responsibility in order to remove it from the other parent. There is a parental law that disposes on parental alienation (Law 12.318 / 2010), Which has punitive measures that can be applied to the alienating parent in order to inhibit or mitigate alienating practices. Some of these measures can go against the child and teenager best interests. In this way, the objective of the present work is to discuss how the Restorative Justice can act in coping with parental alienation by being integrated in the application of the penalties provided by law. In order to develop the present study, the qualitative methodology was adopted, using legislative and literature review procedures. It has been seen that restorative justice has been applied in several situations, with the practice of circular processes being one of the most used. The practice of circular processes leads the offender, the victim, the community and all involved to think about the problem and how they can overcome it. Thus, it is understood that the practice of circular processes can help in facing the parental alienation, being integrated in the application of the sanctioning measures set forth in said law, in order to guarantee the best interest of the child