A GUARDA COMPARTILHADA COMO UMA POSSÍVEL SOLUÇÃO PARA A ALIENAÇÃO PARENTAL

Abstract

In view of the peculiar condition of a person in development and the damage that parental alienation is capable of causing to children and adolescents, shared custody is researched as a possible solution to parental alienation. Therefore, the exploratory method is used from bibliographical research, with the objective of providing knowledge for future research and to better know the studied subject. Thus, the general objective of this work is to analyze shared custody as a possible solution to parental alienation. Thus, the research was divided into four chapters. In the first chapter, the family institute will be presented, highlighting its importance, governing principles, family power and basis before the ECA. In the second chapter, the rights guaranteed to children and adolescents will be addressed. In the third, the syndrome of parental alienation will be presented. And in the fourth chapter, the modalities of custody and shared custody will be discussed as a possible solution for parental alienation on the modalities of custody. Finally, it is concluded that shared custody can be used as a solution to the problem presented, given that it enables the continuity of family ties between separated parents and children, imposing on them the same rights and duties towards the child, being possible to reduce or even end in parental alienation, because with this legal institute the parents will have coexistence with the children in an egalitarian and balanced way, not justifying the psychological interference for the child or adolescent to repudiate the non-holding parent from the guard.