O poder judiciário e o combate à síndrome da alienação parental

Abstract

Parental Alienation is a process that influences the psychological development of children and adolescents, engineered by one of their parents, by their grandparents or by those who have them under their care, supervision or authority, to repudiate the other parent, until the achievement of a total disruption of emotional bonds between these adults and the children. The aforementioned process of alienation is within the context of conflicts associated with very traumatic divorces and spousal dissolutions, in which an ex-spouse has difficulty in managing the relationship's ending. The syndrome itself is characterized as a psychopathology by a number of symptoms resulting from the alienating process, which will have its more visible effects only in the adult life of the victims. Aiming to ensure a healthy and free development from any form of abuse of children and adolescents, the combat of the Parental Alienation Syndrome is necessary, and the Judiciary play an important role in this struggle. The issue also is in advanced discussions in the Congress through the Project of Bill nº. 4.053/2008, who specifies the concept of parental alienation and lists the symptomatic typical behavior, as well as dictates the means to identify and combat the syndrome. Thus, this work presents a legal analysis about the Parental Alienation Syndrome, debating its characteristics, discussing the most appropriate means of identifying and combating it by the Judiciary Power and approaching the importance of the adoption of the Project of Bill nº. 4.053/2008 in order to secure the welfare of children and adolescents.