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

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...

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Detalhes bibliográficos
Autores: Alves Neto, Marcos José, Silva, Fabio Araújo
Tipo de documento: artigo
Estado:Versão publicada
Data de publicação:2024
País:Brasil
Recursos:Editora JRG
Repositório:Revista JRG de Estudos Acadêmicos
Idioma:português
OAI Identifier:oai:ojs2.revistajrg.com:article/983
Acesso em linha:http://revistajrg.com/index.php/jrg/article/view/983
Access Level:Acceso aberto
Palavra-chave:Alienação parental
Direito das famílias
Síndrome da alienação parental
Tribunais
Parental alienation.
Family law.
Parental alienation syndrome
Courts.
Descrição
Resumo: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.