The possibility of change custody as prevention of parental alienation

Abstract

This article seeks to analyze the institute of shared custody as a way of preventing the practice of parental alienation by one of the parents, given the various behaviors that one of the parents can cause with the purpose of harming the other's relationship with the child and trying to disqualify them. it, minimizing the chances of healthy growth. Thus, the purpose of this research is to question whether it is possible to prevent the practice of parental alienation perpetuated by parents when the child is under shared custody. The general objective is to address shared custody and the consequent protection against parental alienation provided for in Law no. 12,318/2010. The specific objectives will analyze the importance of the institution of custody in Brazilian family law as a way of protecting children; study the principles of child and adolescent protection, and address the Parental Alienation Law, its purpose and how it is applied in Brazilian courts. The methodology is deductive, qualitative, starting from a general premise to reach a conclusion on a specific topic, through analysis of literary works, scientific articles and papers from the last 10 (ten) years, as well as the Federal Constitution of 1988, the Civil Code and jurisprudential decisions. It is concluded that the practice of parental alienation is extremely harmful to children and adolescents, generating trauma that can be carried throughout childhood and adulthood. Shared custody is the best way to inhibit the conduct of parental alienation, since both parents start to participate in the children's lives together, make decisions together, and the children have the opportunity to live with both, without being deprived contact with the parent who does not have a permanent home; a case that would be more difficult to observe in the event of unilateral custody.