O instituto da mediação familiar como instrumento eficaz na busca pela solução da alienação parental.

Abstract

This monograph focuses primarily on presenting the results of a survey on family mediation as an effective tool in the search for solution of parental alienation. Parental alienation is a process in which children or adolescents are programmed to hate the other parent not favored with the guard, through campaigns degradation caused by the end of the marriage. It is currently gaining importance in the judicial harvest, especially after the enactment of Law 12,318 / 2010 which deals with parental alienation in Brazilian law. The behavior caused by the alienating parent aims to limit or even prevent the child's contact with the other parent. Thus, after the breakup of the marriage bond, there is the possibility of application of family mediation to resolve the serious consequences brought by the same, including parental alienation. Even before the legislative veto, family mediation proves to be the best way to mitigate the severe effects brought by the practice of parental alienation. We seek to address any reasons which could be adopted by the alienated parent for the benefit of himself and the child or adolescent involved. Thus, this paper aims to present a perspective about parental alienation institute, seen as a kind of aggression against children and adolescents. The moment that seeks to show to family mediation as the primary tool to deal with these cases. In the search for answers to the problems raised as issues of research, had been used to document research with the use of doctrines, in order to demonstrate the effectiveness of family mediation when the solution of family conflicts and, in particular, related to parental alienation ; the use of the deductive method, which after analyzing the constitutional principles of family law and achieving aspects related to the Institute of parental alienation, will address the possibility of application of family mediation in parental alienation and finally was made use of legal exegetical method performing the interpretation of legal provisions of the Federal Constitution of 1988, the Brazilian Civil Code of 2002, the Statute of Children and Adolescents, among others.