Recovery of the power family loss resulting from parental alienation / Restabelecimento do poder familiar perdido em decorrência de alienação parental

AUTOR(ES)
DATA DE PUBLICAÇÃO

2010

RESUMO

Using comparative and inductive methods, the Brazilian legislation and compared and understanding of doctrine and jurisprudence, this paper presents proposals de lege ferenda to make it possible to restore power lost family due to parental alienation. Although the bills establishing the significance of this phenomenon, characterization, and legal effect, left to determine the measures to the seller that you want to resume the exercise of that munus public, especially in cases of suspension and dismissal or loss of it. To do so, begin the crucial case study of the principles governing the protection of the emancipated minor, who are exposed to family power, namely human dignity, full protection and preservation of the interests of the child and adolescent, family solidarity, affection and responsible parenthood or paternity leave, with a view to full training of developing human beings. Following, we conceptualize the family power and present the distinctions between the same, the guard and the company, besides addressing the issues related to exercise, ownership, and the implications to the deprivation of civil service. Regarding custody, we could not identify the meaning of each of the procedures governed by the Civil Code, with the possible identification of the strong presence of parental alienation in custody cases of unilateral, while noting that the guardian mentioned by the Children Adolescent and can not be confused with the person who occupies this role in cases of dissolution of the bonding between the parents. In the following, talk about various parental alienation by examining its definition, characteristics and purposes, aimed to demonstrate the elements which make it possible to identify and deal with an evil that has committed to family and community in our country as well as the possibility of be considered a syndrome. Finally, we enter the subject of our study, when we had the opportunity to provide technical advice in order to fill the legislative gap that still prevail upon the approval of the Draft Law No. 4.053/2008 and 5.197/2009. These projects failed to mention the measures to be applied to parents who wish to resume this important public function, which is the family power, giving priority to protecting the interests of the minors living with the family of origin, with whom, as a rule, maintains ties affection and affinity and, as a primary social nucleus, has a duty to provide dignity to their members, especially when they are in training. We believe that even in cases of deprivation of family power due to parental alienation, the seller shall be entitled to resume his duties, provided they submit compulsorily attended the visits, psychological treatment and monitoring of the Guardian Council. If the family should be prioritized, it is fair to hold it together, preserving especially the emotional ties that exist among its members

ASSUNTO(S)

parental alienation poder familiar privação direito civil alienação p parental power familiar deprivation

ACESSO AO ARTIGO

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