Alienação parental: conceito da psicologia e do direito

Abstract

This dissertation analyzes how Psychology and Law investigate the aspects of conjugal dissolution and its relationship with the construct of Parental Alienation. The theoretical aspects and constructions of the Psychology and Law of these constructs are discussed. The literature indicates that a parent’s behavior is a predictor of the possible adaptation problems for children in a new family structure. One of the behaviors presented by parents when they demanded the regulation of family life, would be a possible interference in the psychological formation of the children intending to hinder the parental relationship. In Brazil, there was an increase in research on the subject with the enactment of Law 12.310/2010 which sets behaviors and punishments for Parental Alienation. Brazilian articles and the most cited articles of a country without specific legislation, Canada, have been compared. It was not intended to compare the legal systems, but to verify the practices adopted in the countries to deal with the subject under study. It was found that both seek to protect children and adolescents observing their best interests. Finally, it was proposed to verify if Brazil can benefit from the methods studied and applied in Canada.