A aplicabilidade da guarda compartilhada como forma de atenuar a síndrome da alienação parental.

Abstract

The themes of this monograph are the applicability of the joint custody and the parental alienation syndrome connected with the practice of parental alienation according to Family Law and Laws no. 13.058/2014 and 12.318/2020. Its purpose is to analyze the joint custody as a way to attempt to preclude the practice of parental alienation and mitigate the parental alienation syndrome. Therefore, the issue to be approached is the need to analyze the institution of joint custody as an alternative to promote mitigation of this syndrome, by posing the question: could joint custody be used to prevent or soften the parental alienation syndrome? The approach method used in the study is deductive, that is, the research wa s organized in such a way to provide conclusions through deductive processes especially in the scopes of the Court of Justice of the State of Rio Grande do Sul and the Superior Court of Justice. Consequently, the study of this theme has shown to be essen tial, once this topic is highly recurrent in the Brazilian legal scope, mostly in lawsuits related to Family Law, especially with legal divorces and common law marriage dissolutions in which custody is discussed. Finally, the conclusion shows that the join t custody is an alternative that may significantly mitigate the cases of parental alienation and, consequently, th e parental alienation syndrome.