A alienação parental a partir de uma perspectiva psicojurídica

Abstract

The paradigm changes regarding the view given to children and adolescents as subjects of law, made it possible for their interests to be legally safeguarded. In the Brazilian legal system this new perspective was based on the principle of the best interest of the minor. This context, made possible the creation of Law 12.3018/2010, object of analysis in this article, which typifies parental alienation, and can be defined as a process of psychological induction, in which the alienating agent, through demoralizing campaign and without justification, decostitutes the figure of the other parent before the minor. This rule provides for a series of measures that can be adopted by the judge in order to intervene in these scenarios in order to solve them, always taking into account the constitutional rights of the minor. Given the complexity of the problem surrounding cases involving parental alienation, the law itself brings in its scope the necessary interdisciplinarity between law and psychology, to protect the psychological hygiene of this child already affected by the alienatory acts. Thus, the present study aims to analyze the devices arranged in the normative text and the effectiveness of the mechanisms that it has for the psychological protection of children and adolescents.