Mediação e guarda compartilhada como instrumentos de resolução de conflitos decorrentes da alienação parental.

Abstract

The study addresses the guardian institute of children when the separation of their parents with a view to find and validate solutions to minimize the harmful effects to which minors are subject in their hipervulnerabilidade. In this sense the legal concern to analyze whether the shared custody as well as the mediation institute, instruments are able to make minimum the after-effects from the dissolution of the link between the parents. The effects of the dissolution of the marriage bond, with the damage that family breakdown cause in the offspring of life because of the possible feeling of abandonment by a parent, focusing on parental alienation as a priority issue in the discussion, where the behavior triggered by the custodial parent It aims to limit or prevent the interaction of the other parent with the common son. For clarification of the legal debate and a better understanding of the subject, is drawn, first, a brief history of family power, from its genesis until its replacement with the Brazilian Civil Code of 2002 and two types of custody: a shared and unilateral , backed by the principle of the best interests of the child and solidarity. Also deals with the effectiveness of mediation that intuits in preparing the way for a friendly marital dissolution, preventing the dispute is prolonged and wear are perpetuated by getting a please in solution in the best interests of the child in the responsible decision, showing that mediation is extremely viable and shared custody the most effective.