The use family mediation in cases of parental alienation: a critique of the veto of art. 9 of Law n. 12.318/2010

Abstract

The transformation of society is reflected in the most diverse areas, highlighting the family, which with such transformations over the years, brings changes in its molds, which can generate conflicts. This is noted mainly in cases of divorce. Thus, often because they cannot differentiate the image of ex-spouse and parent, one of the parents may not know how to deal with the conflict and begin to influence the children in a derogatory way against the other parent. Thus, this article seeks to demonstrate that mediation would be an effective way to use in family law, especially in cases of parental alienation, and that the veto of the use of family mediation, in the Parental Alienation Law is a legislative setback, because the use of this self-compositional method provides the guarantee of the principle of the best interest of the child and adolescent, derived from this, the children have a welcoming home, in which despite being separated, the parents act together for the children, through the reestablishment of dialogue. While, the deductive research method is used starting from the literature review, through documentary research, covering doctrines, jurisprudence and legislation.  It is concluded that the application of family mediation is ideal to avoid cases of parental alienation, in addition to making the family environment suitable for the creation of children and adolescents, without being involved in the conflicts of their parents.