A guarda compartilhada e a alienação parental em tempos de pandemia do Covid-19

Abstract

The Constitution of Brazil guarantees children and adolescents the right to family life, stressing that they must be safe from violence and any oppression. However, when a couple with minor children decides to end the affective relationship and choose to live in different houses, the Brazilian law started to adopt the legal institute of Shared Guard - provided there is no obstacle regarding the safety of the child or adolescent - to ensure coexistence with both parents. The situation of parental alienation occurs when the couple's separation does not end harmoniously and those involved start to conflict and promote a campaign of demoralization in disfavor of the other towards the children, a practice that is harmful to children and adolescents, which disturbs the paternal relationship. branch. Thus, this subject gained notoriety with the Covid-19 pandemic, which worsened in Brazil in 2020, as the high degree of coronavirus infection brought about the need for social isolation to reduce the contagion. As a result, some cases of shared custody needed to be reassessed or readjusted, both to prevent the transit of children and adolescents – which would give rise to the spread of the virus – and to remedy episodes of parental alienation during this quarantine period. The present study aims to investigate parental alienation in the scenario of shared custody in times of pandemic, with a view to explaining COVID-19, highlighting the concept of parental alienation, differentiating it from parental alienation syndrome and defining what joint custody consists of, these being the specific objectives.