SILVA, B. R. M. S.; http://lattes.cnpq.br/3113903252705652; SILVA, Brunna Regina Mélo dos Santos.
Resumo:
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.