PARENTAL ALIENATION: VIOLATION OF CHILDREN’S AND ADOLESCENTS’ FUNDAMENTAL RIGHTS

Abstract

This article sought to analyze the issue of parental alienation in the judicial system, examining its legal, social and psychological implications, as well as the approaches used by courts to prevent and remedy cases of parental alienation in custody and visitation disputes. Throughout this article, the objective will be to describe the basis of society, which is the family, characterize marriage and stable unions, the dissolution of family cycles, whether arising from marriage or stable unions, constitutionalize family power over its principles and the child's right to coexistence with both parents, such as custody arrangements, and in the last topic, analyze the phenomenon of parental alienation, its characterization, possible errors when diagnosing this problem and how it affects the child's mental health and/or teenager. The method used was the systemic method, analyzing, investigating and understanding, with the main authors of this research being Maria Berenice Dias, Rolf and Ana Madaleno, and Ana Beatriz Lins Rêgo, the objective being to investigate the expertise in cases where parental alienation exists , undermining the best interests of the child and causing psychological and social damage, attacking the fundamental principle of the child, which is the right to health and family life, based on bibliographical research and analysis of scientific articles to present the concepts of family, marriage and separation, family power, types of custody and parental alienation.