Parental alienation in the constitutional perspective: a panorama of family change and right

• Autor(a) principal: Alves Neto, Marcos José
• Data de Publicação: 2024
• Outros Autores: Silva, Fabio Araújo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista JRG de Estudos Acadêmicos
• Texto Completo: http://revistajrg.com/index.php/jrg/article/view/983
• topic: Alienação parental; Direito das famílias; Síndrome da alienação parental; Tribunais; Parental alienation.; Family law.; Parental alienation syndrome; Courts.

The regulation of social relationships is attributed to the law from birth, and when one enters private life, it's possible to observe various facets of civil law. Nevertheless, it is possible to observe the broad scope of rules in parental relationships, especially regarding the protection of children and adolescents. The objective of this research was to analyze the modifications arising from parental alienation in divorce court cases in accordance with Brazil's Federal Constitution of 1988. Empirical research methodology was used, analyzing bibliographies and documents, presented in a qualitative approach. The analysis covered two cases in the Supreme Court and jurisprudence from other courts. It was concluded that this common practice in relationships demands an interdisciplinary approach by the judge, involving professionals such as doctors, psychologists, social workers, etc. Nevertheless, this practice occurs recurrently in the courts, and a set of actions carried out by ex-spouses against their children arising from separation, as well as other types of violence, need to be pointed out whenever possible in reports and intra-family accompaniment.