O papel da guarda compartilhada na mitigação da alienação parental

Abstract

The family, over time, had different formats and from the 20th century onwards, the need for assistance and individualized legal protection for children and adolescents was recognized. With the 1989 UN (United Nations) Convention on the Rights of the Child, these guidelines were disseminated, arriving in Brazil with the Federal Constitution of 1988 that created equality between men and women, including regarding family power, further consolidating a set of protected rights for children and adolescents, granting them full protection from the State. Some of these transformations were incorporated by the Civil Code of 2002, which it incorporated as changes and started to attribute the status of equality among the members of the family entity. In this sense, Law 11,698 of 2008 emerged, instituting two models of custody: unilateral and shared. Only with Law No. 13,058 / 2014 shared custody became a rule in the Brazilian legal system, and should be adopted preferably when the marital bond is dissolved. In turn, unilateral custody provides a favorable environment for the occurrence of parental alienation due to the imbalance between the responsibilities of the parents in view of the concentration of family power in a single parent. The practice of Parental Alienation consists of the disqualification campaign that the parent keeps when manipulating the children's feelings with false memories about the other one. In this context of maximum child protection, Law No. 12,318 of 2010 was adopted, which identifies and represses parameters with possible penalties, without, however, determining means of prevention. Therefore, it is the object of defense of this work, the application of shared custody as an instrument able to mitigate parental alienation, since it promotes balanced family life and the equal sharing of family power attributions, strengthening affective ties, promoting the best interest of the minor.