ALIENAÇÃO PARENTAL

Abstract

Despite the changes in society, family structures, over the years have undergone numerous changes. For a long time the institute was grounded, so only in the marriage structure, and the family formed as a result of such bond. Is that society has evolved, the emotional bonds widened and various forms of coexistence were being observed. In addition to this restructuring in the form of constitution of family entities, if regularized his break through divorce and separation. Mentioned institutes served to mark a reality experienced by society, given that for various reasons, the emotional relationships come to an end. Because of this fact, which is the undoing of family relationships is possible to observe the emergence of social illness of parental alienation, which is the offspring manipulation by the mother, father or guardian in order to break the emotional bonds with a the parents in order to harm family life. Thus the constancy of parental alienation in society, there was the need for state demonstration for the regularization of the same, with the necessary legal consequences, on August 26, 2010 was published the Law 12,318 / 2010, which provides for the identification and prevention of such an institute. It is noteworthy that the operators of the law, when preparing the legal text mentioned, aimed at combating the practice of parental alienation in view of the irreparable damage that can cause the most fragile part of the whole context, namely, children and adolescents children of couples who broke up a relationship. Therefore, not intended to exhaust the subject, but to address the key characteristics that surround the factual and legal context of parental alienation, this paper will talk about the legislation, doctrine and jurisprudence on the subject, with the purpose to analyze all the problems faced upon the occurrence of the institute in order to demonstrate the need for effective development of protective measures.