A guarda compartilhada como possível solução para a alienação parental.

Abstract

This monograph deals with the issue of joint custody as a possible solution to parental alienation. It is intended, in the light of recent and relevant literature concerning the situation in question, to introduce, analyze and discuss the main theoretical aspects surrounding the issue. The question to be answered with working is: shared custody is the best solution to avoid parental alienation? Deals with the idea that both parents have the right to live in a balanced way with their offspring, having a duty of care, assist, protect and create. It analyzes also the various guard models, especially shared custody. Thus it is also ascertained the difference between parental alienation from parental alienation syndrome, pointing out the cases of incidents and clarifying that even after the end of the marriage bond, both parents remain with the same rights and duties towards their children. Therefore, it is presented the new law on joint custody, the position of the Brazilian courts on the same, in the event of contentious breakup of the parents, and also joint custody in order to prevent or even solution to cases of parental alienation . It is stated the need for children to live with both parents, and draws attention to how important it is living with the offspring, for not holding the guard will not lose parental influence, or will become a mere visitor to his son. The paper is organized into three chapters, with the first shows the evolution of paternal power, in the second, the definition of parental alienation and the great damage it brings to the child and, in the last chapter, the importance of granting joint custody even when there is no consensus among parents. For this, it used the hermeneutic methodology, conducted through analysis on Internet sources and literature searches, since the objective is to understand the shared custody and parental alienation.