SHARED CUSTODY AS A MECHANISM FOR PREVENTING AND COMBATING PARENTAL ALIENATION

Abstract

The dissolution of marital relationships is a growing phenomenon in Brazil, bringing challenges in defining child custody arrangements. In this context, parental alienation emerges as an issue that harms the child’s emotional development and violates constitutional principles such as the best interests of the child. Objective: This study aims to analyze how shared custody serves as an effective instrument for preventing and combating parental alienation, while safeguarding the rights of children and adolescents. Methodology: This is a qualitative research study with an exploratory and descriptive approach, based on a literature review, doctrinal analysis, current legislation, as well as recent case law from the STJ and STF. Results: It is observed that shared custody, when effectively applied, minimizes the risks of parental alienation, providing the child with balanced contact with both parents. However, its effectiveness depends on the cooperation between the parties and the role of the Judiciary in overseeing and enforcing rights. Conclusion: It is concluded that shared custody is an essential tool for promoting the child’s well-being and mitigating the effects of parental alienation, provided it is accompanied by public policies, family guidance, and continuous oversight.