Alienação parental e isolamento social: uma análise interdisciplinar acerca das influências da pandemia da Covid-19 na atuação do direito de família na contemporaneidade
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Data
2023-08-18
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Universidade Federal de Goiás
Resumo
The present work aims to address the theme of parental alienation linked to the social isolation caused by the Covid-19 pandemic, analyzing the influences of this phenomenon on the performance of family law today. The study adopts an interdisciplinary approach, seeking to understand how social changes and the restrictions imposed by the pandemic have affected family dynamics, in addition to discussing legal issues related to parental alienation. In this sense, it will seek to analyze the Law n°. 12,318 / 2010, embraced as an important advance in the protection of children and adolescents in Brazil, since it brought to the legal system concepts related to Parental Alienation Syndrome. However, there is a significant gap in the discussion about the problematic issues surrounding this legislation, especially with regard to gender prejudices and how they also affect the minors involved. In addition, parental alienation stands out as a complex phenomenon that occurs when one of the parents or guardians deliberately seeks to undermine the bond, both emotional and physical, of the child with the other parent, generating conflicts and wear and tear in the family relationship. With the advent of social isolation, family dynamics have undergone drastic changes, often distancing parents from face-to-face coexistence with their children, creating, in turn, new challenges for the exercise of shared custody and compliance with visits. Thus, there will be a contrast between the preservation of the health of the child and the principle of the best interest of the child, since the care of the offspring had been accentuated, in order to avoid as much as possible the contamination of the child, preventing, for this, displacements considered necessary. It is observed, however, that this premise came to be seen as a facilitating apparatus for those who aimed to implement parental alienation, using the preservation of the child's health as a subterfuge to ban contact with the other parent. Finally, the study will emphasize the importance of an interdisciplinary approach to face the challenges imposed by the Covid-19 pandemic in the context of parental alienation and family law, encompassing Psychology in its interface with Law, based on systemic theory. In this sense, it is concluded that collaboration between different areas of knowledge is an essential factor in understanding the complexity of these issues and developing effective strategies to protect children's rights, promoting a healthy and harmonious family environment, even in adverse situations, such as the pandemic.
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Síndrome de alienação parental, Alienação parental, Covid-19, Isolamento social, Direito de família, Psicologia jurídica, Teoria sistêmica, Parental alienation syndrome, Parental alienation, Social isolation, Family law, Legal psychology, Systemic theory
Citação
IBRAHIM, Carolina Hanna Mazyad. Alienação parental e isolamento social: uma análise interdisciplinar acerca das influências da pandemia da Covid-19 na atuação do direito de família na contemporaneidade. 2023. 25 f. Trabalho de Conclusão de Curso (Bacharelado em Direito) – Faculdade de Direito, Universidade Federal de Goiás, Goiânia, 2023