Aspectos atuais da alienação parental
No Thumbnail Available
Date
2018-02-20
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Universidade Católica do Salvador
Abstract
Generally, the termination of marital relations is accompanied by crises and disputes, which end up feeding negative feelings towards the ex-consort. This will make impossible the peaceful coexistence of the ex-consort, who have a common link that will endure throughout their lives: their children. These will be achieved by the arguments and disagreements of their parents, albeit indirectly involuntary. The clash may end up in the attempt to destroy and demoralize the other spouse and the couple's own minor children will be used as an instrument of revenge, thus forming a framework of parental alienation (PA). This phenomenon occurs essentially in the subjective sphere and in the psyche of those involved, which forces the Right science.to resort to the help of other branches of knowledge, such as psychology and psychiatry. Richard Gardner, who was issuing expert reports, in juvenile court litigation in the US was the first to conceptualize the PA in the scope of the Law, although there are criticisms about his research. Before 2010, the Judiciary only had the Magna Carta and Law 8.069 / 90 to combat alienation. Law 12.318 / 10 was the first legal instrument that specifically dealt with the matter, representing a great help for the magistrates in their crusade against the PA, in order to safeguard the physical and mental integrity of the minors. This work will make a study on parental alienation; constitutional principles violated by the PA; current law and law projects in process about the PA, and the need for new rules to eradicate PA
Description
Keywords
Sociedade conjugal, Dissolução, Alienação parental, Normas, Projetos de Lei, Conjugal society, Dissolution, Parental alienation, Rule, Law's project