Alienação parental como forma de violência psicológica praticada contra criança e adolescente à luz da Lei 13.431/2017

• Autor(a) principal: Souza, Carolini Fernandes de
• Data de Publicação: 2018
• Tipo de documento: Trabalho de conclusão de curso
• Idioma: por
• Título da fonte: Repositório Universitário da Ânima (RUNA)
• Texto Completo: https://repositorio.animaeducacao.com.br/handle/ANIMA/5448
• topic: Síndrome da alienação parental; Direito de família; Pais e filhos

The central theme of this monograph is parental alienation as a form of psychological violence practiced against children and adolescents, in light of Law 13.431 / 2017. The objective of the study is to analyze the evolution of protective measures for cases of psychological violence resulting from parental alienation, in light of Law 13.431/2017. To reach this objective, the method of monographic procedure and the method of deductive approach were used. The research carried out, regarding its objective, was of the exploratory type and regarding the procedure, of the bibliographical and documentary type. The research related to the legislation was guided by the research of Law 13.431/2017; Law nº 12.318/2010; Law nº 11340/06; Law nº 8.069/90; Civil Code and Federal Constitution. The doctrinal research was based on Dias (2016), Gonçalves (2017), Lôbo (2011), Madaleno and Madaleno (2017), Nader (2016), Tartuce (2017), Venosa (2013), among others. Thus, as a result of the research, the concept of family is presented, discussing its origin and evolution throughout the history of society and the basic principles of Family Law. Subsequently, we analyze the foundations of family power and the duty of parents to protect their children, and the ways in which family power is extinguished. Addressing the central theme of the present study, the concepts of parental alienation and Parental Alienation Syndrome are presented, presenting their differences, also outlining the classic profile and conduct of the alienator, discussing the levels of parental alienation and the consequences of parental alienation. SAP. We present the protective measures against parental alienation based on Law 12.318/2010. Subsequently, the evolution of the protective measures of parental alienation provided for in the Statute of the Child and the Adolescent and in the Law of Maria da Penha, in light of Law nº 13.431/2017, is discussed, discussing the specialized hearing and the special testimony. Finally, the study can conclude that Law 13.431/2017, has brought a huge evolution in the protection of children and adolescents