Alienação parental: um termo novo para uma prática antiga, seus efeitos jurídicos e sociais sob a perspectiva da justiça brasileira

Abstract

The purpose of this article is to highlight the importance of the family characterized as an affective institute and the evolution process, analyzing a problem that arises within the family in the face of marital dissolutions, from a defamatory campaign carried out by the ex-spouse, using the child as an instrument of revenge, programming it against the other, aiming at the total removal of the minor with the alienated parent. This problem is called Parental Alienation, the objective of this work is to show its historical and social context, also the conceptualization, differentiation between alienation and its syndrome, forms of identification, effects and consequences, the constitutional principles violated by this, its manifestation during the current pandemic scenario, means of prevention and solution and the legislative perspective from the advent of Law No. 12,318 / 2010, as a framework for the Brazilian legal system and as a means of holding the alienator to account. The study will demonstrate the importance that should be given to the referred subject in view of the negative effects that its presence causes in the life of the child and / or adolescent.