A Guarda compartilhada: mecanismo jurídico minimizador das práticas de alienação parental

Abstract

The present work aims to analyze the shared custody modality as an effective and minimizing way to parental alienation´s conduct. The question arises as to whether joint custody would be an effective way to this end, facing the general children development stage and unfavorable condition. It was adopted the deductive method on the study of the subject, supported by bibliographical research within doctrines, jurisprudence, laws, scientific and monographic articles. Initially its presented the approach to custody species oriented toward the plain exercise of the parents' family power following custody guiding principles. Then it is organized a contextualization of the concepts, characteristics, behaviors and effects of parental alienation and also an elucidation on parental alienation syndrome. Besides that, the problematic of exclusive custody execution is also considered. Shared custody is shown to be the most beneficial for infants who are involved in a marital separation environment. Because parents will have equality of rights and duties, ensuring the simultaneous living of the children with both parents. It is also clear that shared custody is not a mode of extinguishing the practices of parental alienation, since for that to happen it would be necessary that parents live in full collaboration and harmony. Nevertheless shared custody can minimize the practices of parental alienation, for it encourages the solidarity of the parents in favor of the children's welfare, as well as it guarantees the full implementation of family power and the orientation to the best interest of the children and adolescents.