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

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Date

2021-12-14

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Universidade Católica do Salvador

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.

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Keywords

Guarda compartilhada, Pandemia, Alienação parental, Criança e adolescente, Shared custody, Pandemic, Parental alienation, Child and teenager

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