Da lei de alienação parental: atuação preventiva do poder judiciário frente a dificuldade de constatação nos casos concretos.

Abstract

The Parental Alienation is kind of problem that affects families when the separation of spouses having minor children. It is aggression often silent where one parent, usually the guardian of the children, develops a kind of hatred for the former spouse and offspring decides to use to attack it. The alienating parent uses various means in order to rule out completely the children of the alienated parent, performing disqualification campaigns, hindering the exercise of parental authority, the contact between the children and the alienated parent, the exercise of the right to family life, omitting personal information about the child or adolescent presenting false accusations against the alienated parent, and even changing the home in order to fully separate the offspring of alienated up. The practice of alienation entails therefore the problem of Parental Alienation Syndrome, which is observed when the advanced stage of alienation. We developed specific law to address the issue, Law 12,318 / 2010, better known as Parental Alienation Act. In this device are listed ways to combat the sale in order to guarantee the right to family life of the children with the alienated parent, in order to respect the principle of the best interests of the child. The objective of the research is to present the knowledge of all forms of alienation and their means of combat. To achieve the objectives, it will be used as deductive method of approach with a qualitative research, analysis of the law, doctrine and other legal provisions.