Um estudo da guarda compartilhada como uma das formas de solução para a alienação parental

Abstract

The present study aims to analyse the main questions related to the Parental Alienation Syndrome (SAP), which occurs mainly after the rupture of the conjugal due to the fact that the parent who feels betrayed cannot cope with the end of the marital relationship and articulates a defamatory campaign against his former spouse using the child as a weapon to get revenge. In order to achieve this goal, the child is “programmed” to hate the other parent, resulting in a permanent separation between them. The purpose of the present study is to conceptualize and identify the presence of the syndrome, as well as to analyse the judicial measures that are taken for its restraint, since the law that represses such conduct has been sanctioned. The aim is also identify the constitutional principles of child and adolescents’ protection and which ones are violated when parental alienation occurs. This study also brings the change from unilateral to shared custody as a form of solution for the practice of Parental Alienation in the child or adolescent victim of this situation, since this mode of custody aims to ensure a greater family coexistence after separation. This study also highlights the legislation applied to hinder occurring more such cases, with the support theoretical doctrines dealing with the development of families, as well as sites, legal journals and case law on the subject, constituting thus a literature search. Thus, this study demonstrates that proper attention should be paid to the Parental Alienation Syndrome, considering the negative effects it may have on children or adolescents who are victims of these circumstances, as they have violated their fundamental rights, especially the right to live together with both parents.