RODRIGUES, D. A.; RODRIGUES, Demétrios de Alencar.
Résumé:
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.
