Filhos do litígio: reformulando a natureza retributiva dos instrumentos processuais previstos na Lei 12.318/2010 para a construção de caminhos autocompositivos

Abstract

In today's society, it is possible to come across circumstances capable of causing unrest and consequent motivation to study viable solutions to mitigate the negative effects of deficient legal provision. For this reason, the current study sought to gather information about the commands established by Law 12,318/2010 for processing incidents of Parental Alienation in family disputes, proposing to question the tools already established in the standard for treatment and prevention of the occurrence. In this sense, based on the assumption that the currently existing instruments prove to be insufficient to effectively combat the symptom, this research aimed to propose a necessary reform in the text of the aforementioned law, so that it passes the method mediation as a problem-solving strategy. Given this, the following question arises: How and to what extent does the implementation of mediation within the scope of Law 12,318/2010 contribute to the protection of children in conflicts involving the practice of Parental Alienation? The research under analysis went through several phases, using the inductive method and, to achieve the proposed objectives, exploratory and descriptive research. As for the procedure, bibliographical research was used, which was based on research in doctrinal books, scientific articles on the internet and legislation. Finally, based on the analysis carried out throughout the study, it was concluded that the fight against Parental Alienation, through legislative implementation, can benefit from the use of conflict resolution techniques of a restorative-pedagogical nature, in particular mediation.