Alienação parental contra idosos: uma análise acerca da necessidade de aplicação por analogia da lei federal 12.318/10 visando a proteção da população idosa

Abstract

Although there is a divergence within Psychology about the classification of Parental Alienation as psychological syndrome, it is true that Parental Alienation acts not only exist, but also recur in familial sinuses. This psycho-behavioral phenomenon was first observed in the children of parents in the process of conjugal dissolution, when the child who normally had a harmonious relationship with both spouses had a negative feeling for one of them. Nevertheless, the acts of alienation do not occur only in this scope. It turns out that the elderly population is also a victim of this evil, usually when the guardian or curator of the elder practices acts of alienation in detriment of a third party. The present work aims to demonstrate that the elderly need legal protection to protect him from this evil, since Law 12.318 / 10 has as its only role the child and adolescent victim of Parental Alienation. Therefore, in light of the Federal Constitution of 1988 and the Statute of the Elderly, it is intended to demonstrate not only the possibility, but also the need for analogous application of said law to the elderly population as a victim of these acts of alienation. Thus, initially, we sought to investigate the Brazilian family and the way the elderly are included in this social institute, the conflicts that affect it and the legislation that protects it. Soon after, an explanation was made of Parental Alienation. Finally, we considered the possibility of analogous application of Law 12.318 / 2010 to the elderly population victim of parental alienation.