THE RELATIONSHIP BETWEEN PARENTAL ALIENATION AND DIVORCE: THE APPLICABILITY OF PUNITIVE MEANS IN THE BRAZILIAN LEGAL SYSTEM

Abstract

This work addresses the relationship between parental alienation and divorce, focusing on the factors that affect the applicability of punitive means in the Brazilian legal system. It highlights that parental alienation established parental equality between the two parents and the fundamental right of children to live freely and peacefully with both. The general objective is to analyze the legal elements of shared custody, whose mechanism is to combat parental alienation. The specific objectives are to understand the issues that guide shared custody and that inhibit and avoid parental alienation; identify the importance of the institution of shared custody, in decision-making and time spent together, and how it can strengthen existing bonds, and make them stronger and more balanced; present jurisprudence that points out punitive means for the occurrence of parental alienation. The methodology of this study was a qualitative descriptive bibliographical research, through systematic readings of articles, theses and books, with a review of the literature that guides the main theses, which govern the topic. The results of this research show us that Brazilian jurisprudence has varied in relation to the application of punitive measures, such as fines and changes in custody, in cases of parental alienation.