Conflito familiar e mediação: por uma efetiva resolução das controvérsias matizadas por contornos de alienação parental

Abstract

This thesis presents and analyzes the interconnection between family conflict and the Parental Alienation Syndrome, given the reach had by effective conflict resolutions that aim to define legal boundaries to the protection of children and adolescents, considering the new family models in place, thereby uncovering the nuances that are inherent to such conflicts, and pondering the recourse of mediation as a valid path. It makes use of bibliographical, documentary, case precedent and empirical data analyses by means of interviews and surveys, from a methodological perspective based on an understanding and application of Law that is in line with the normative principles of the 1988 Brazilian Constitution and other legal instruments. This work, therefore, includes the alienation debate (concepts, characteristics, themodus operandi of conflicts resulting from child and adolescent custody disputes) and the appropriate means to settle such controversies, as well as the repercussions brought by legal education to the general order of things. This research then presents its findings wherein parental alienation is a matter of concern, given the need to re-signify family conflicts due to the damage caused to those involved in an inevitably ongoing parental relationship, and the fine-tuning of family mediation practice as a way to settle disputes of this nature.