Conceitos da alienação parental e critérios utilizados para avaliação forense do fenômeno

Abstract

This dissertation consists of two studies. Study 1 is an integrative review of the concept of Parental Alienation and the criteria used for forensic evaluation. The databases used were ScienceDirect and Scielo. Eleven concepts and eight authors presenting criteria used for forensic evaluation were listed. Five elements were present in most of the concepts of Parental Alienation: 1) disqualification, 2) impediment of contact, 3) refusal of the child to live together, 4) absence of just cause and 5) occurrence after marital separation. The criteria used for forensic evaluation pointed out in the literature are: 1) disqualification, 2) impediment of contact, 3) the child's refusal to live together, 4) the absence of just cause, 5) occurrence after the marital separation, 6) existence of a positive parental relationship before the separation and 7) refusal to live together with the extended family. The knowledge available in the literature allows professionals involved in the assessment of Parental Alienation to act more appropriately, favoring fairer decisions for the parties involved. Study 2, through empirical research, analyzed the concepts and criteria for assessing cases of Parental Alienation from the point of view of judges and psychologists working in family courts. The results showed that the majority of psychologists do not have specific training to assess Parental Alienation, do not know the literature in the area, do not use specific psychological instruments to assess the phenomenon and do not seek to identify whether there is just cause for removing the child from one of the parents. Judges use the concept of Parental Alienation described in the law, do not assess the levels of severity of Parental Alienation and apply the legal consequences randomly. Training technicians and judges in the concept and criteria used for forensic assessment of Parental Alienation will be useful in ensuring fair and quick decisions in the Family Courts, avoiding lengthy proceedings without satisfactory conclusions for both parties.