Considerações sobre a guarda compartilhada e a sua utilização como mecanismo para inibir a alienação parental.

Abstract

From the promulgation of the Federal Constitution of 1988, which established equality between men and women, family power was conferred equally on both parents, generating profound changes in Family Law and directly reflecting on the relationships of parents and children, especially in child custody actions . With the enactment of Law 11,698 / 2008, the shared custody modality became the rule in the Brazilian legal system, and this should preferably be adopted when the dissolution of the conjugal bond involves minor children. It occurs that this type, although it is the one that most prizes for the protection of the rights of minors, is still little adopted in the Brazilian judiciary, which creates an environment conducive to the occurrence of cases of parental alienation, a situation that occurs mainly when one of the parents uses his or her spare time with the youngest child to put it against the other parent. Parental alienation is an old practice, which only gained special attention in Brazil with Law 12,318 / 2010, which instituted mechanisms to combat it. In this sense, the present work is based on the following problematic: what is the importance of fixing the shared custody model to avoid cases of parental alienation occurring when the conjugal bonds are dissolved? The present study, therefore, aims to deal with the shared custody issue as an effective means of combating parental alienation, highlighting the benefits that this model of guarding generates for the healthy growth of the child in the face of the separation of their parents. Therefore, as methodological aspects,they used the deductive method and approach, historical and interpretative method as a procedure and bibliographical and documentary review as research techniques.