Héstia, a proteção infanto-juvenil e a alienação parental

Abstract

Parental alienation is a phenomenon recognized by the Brazilian legal system, which aims to provide full protection for children and adolescents, to ensure the healthy development of children and adolescents living with both parents. It was identified that parental alienation emerges during the separation of ex-spouses, and can be practiced by a parent or by family members or by people close to the victims. The lack of scientific knowledge of parental alienation is an emblematic situation and causes many controversies, which promoted the dialogue of Law with other areas of knowledge, for the adoption of measures that avoid further suffering for victims. The emblematic issues of the parental alienation law hinder the effectiveness of the process and access to justice, according to Capelletti. The phenomenon emerged in the United States, spread throughout the world, there were countries that implemented the parental alienation law and later revoked it. In Brazil, the law was created in 2010 and is still in effect today. CPC/2015 was edited five years after the Parental Alienation Law came into force, but there was no respect for the specificities of that law, which point to the need for revision, regarding the expertise procedure, the qualification of experts and the mediation procedure (consensual form conflict resolution). The CNJ issued Resolution No. 125/2010 with the purpose of resolving conflicts and giving the parties the opportunity to carry out a dialogue facilitated by a third party, in order to build a plan for the exercise of child custody, which would be called agreement and ratification would be enough for the Court. The advantages of mediation are: the reduction of procedural time, the rescue of dialogue between the parents, which is necessary for the exercise of shared custody, as is always determined in the process of parental alienation and even promotes greater effectiveness. These factors are unattainable by the sentence and for this reason, the sentence proved to be insufficient in the face of parental alienation. Mediation humanizes the process, welcomes the victim, facilitates communication and thus can awaken the parents' responsibility and commitment to their children in the continuity of the parental relationship after the divorce. The research is bibliographical with the objective of analyzing the doctrine, laws, recommendations and resolutions related to parental alienation, in addition to presenting cases judicialized in the TJRN in the years 2018 to 2022, from where the experience as an Expert, revealed that mediation would be the solution to put an end to the fight. Finally, it was possible to identify: a need to review and adapt the law of parental alienation to the Brazilian reality, review CPC/2015 regarding the procedure and expertise, develop research, publicize parental alienation to promote access to justice.