Os reflexos da alienação parental no ordenamento jurídico brasileiro.

Abstract

This monograph addresses parental alienation and its repercussions in the Brazilian legal system, with the subsequent analysis of significant introductory aspects of the Family Law, the Law no. 12.318 of August 26th, 2010, as well as of family mediation as a way to approach parental alienation. In this light, understanding the various manners though which parental alienation manifests itself, by analyzing Law no.12.318/2010, is one of the purposes of this work, which will eventually lead to examining the use of mutual agreement to resolve conflicts – such as mediation – to approach and/or solve the phenomenon of false memories implementation. Sadly, Law no. 12.318/2010 did not tackle relevant issues regarding parental alienation, which calls for finding alternative solutions to solve and/or approach it, mostly through family mediation. This is a deductive research, resulting in a monograph divided into three chapters: the first one focuses on initial and relevant aspects of Family Law by studying the evolution of family entities, family principles, and family power; the second one approaches the legal provisions constituting Law no.12.318/2010 to clarify what parental alienation is; the last one analyzes family mediation as an alternative and efficient method to approach and/or prevent parental alienation. Finally, the study of this topic is immensely relevant, once it is of major legal repercussion in the current days, and one that is reasonably recurrent in the scope of family litigation, mainly in lawsuits related to divorce and/or common-law marriage dissolution.