Guarda compartilhada como possível porma de Prevenção à alienação parental: análise do critério da prioridade absoluta no STJ

Abstract

The present article intends to analyze how the Brazilian jurisprudence guarantees the realization of the absolute priority in shared custody processes, its requirements application and use as a possible prevention strategy for parental alienation. It also purpose to identify the legal content of full protection, provided in the Federal Constitution of 1988 and the Statute of Children and Adolescents (ECA), in addition to explaining the concept of parental alienation and its difference in relation to the Parental Alienation Syndrome (SAP). To this end, an analysis of the judgments at the Superior Court of Justice (STJ) will be made, in cases involving shared custody and parental alienation, in order to verify how children and adolescents have their fundamental rights enforced.