SHARED GUARDING AS A MITIGATORY MEASURE OF PARENTAL ALIENATION

Abstract

THIS SCIENTIFIC ARTICLE AIMS TO ANALYZE THE INSTITUTE OF GUARD AND ITS MODALITIES. THE PROBLEM PRESENTED CONSISTS OF THE QUESTION WHETHER SHARED CUSTODY IS THE BEST MITIGATION MEASURE FOR PARENTAL ALIENATION. THE WORK FIRST PRESENTS A BRIEF CONCEPT OF MARRIAGE AND DIVORCE, AS WELL AS THE WAY IN WHICH BRAZILIAN LEGISLATION HAS EVOLVED REGARDING ASPECTS OF MARRIAGE BREAKUP. SUBSEQUENTLY, PARENTAL ALIENATION, ITS CONCEPT, ITS NEGATIVE CONSEQUENCES FOR THE ALIENATED INDIVIDUAL, AS WELL AS SOME IMPORTANT POINTS OF LAW NO. 12.318/10, ARE DISCUSSED. FINALLY, IT BRINGS THE CONCEPT OF CUSTODY AND ITS MAIN MODALITIES, PRIMARILY SHARED CUSTODY, DEALING WITH ITS EFFECTIVE APPLICABILITY AS A MEASURE TO MITIGATE PARENTAL ALIENATION. IN THE END, HE OBTAINED SOME RESULTS, WHICH HIGHLIGHT THAT PARENTAL ALIENATION IS SOMETHING NATURAL TO OCCUR IN THE FACE OF A MARRIAGE DISSOLUTION AND THAT IT BRINGS NUMEROUS NEGATIVE CONSEQUENCES FOR THOSE WHO SUFFER, AS WELL AS THE FACT THAT SHARED CUSTODY IS THE MOST EFFECTIVE MEASURE TO REDUCE CASES OF PARENTAL ALIENATION. THIS IS A CURRENT AND CONTROVERSIAL ISSUE, AS THE NUMBERS OF MARRIAGE BREAKUPS ARE INCREASINGLY EXPRESSIVE, WHICH CONCOMITANTLY INCREASES THE CASES OF PARENTAL ALIENATION, WHICH JUSTIFIES THE CHOICE OF THE THEME. THE METHODOLOGY APPLIED IS THE BIBLIOGRAPHIC COMPILATION, USING A DESCRIPTIVE AND EXPLANATORY APPROACH. DOCTRINE, JURISPRUDENCE AND RELEVANT LEGISLATION WILL BE USED, HAVING AS MAIN AUTHORS FIUZA (2004), TRINDADE (2010 AND 2013); DIAS (2013) AND FREITAS (2014).