O direito da personalidade em espécie: a síndrome da alienação parental em processos de separação e divórcio no Brasil e no México

Abstract

Family breakdown is common nowadays, often with children becoming victims of parents' inability to relate. Thus, situations arise, such as the so-called SAP (Parental Alienation Syndrome, an expression coined in 1985 by Richard Gardner), involving the psychological alteration of children, promoted by one of the parents with focus on the other, acting in the child's consciousness to destroy emotional connections, forging a false identity of this parent in the child's psyche. Brazil has Article 2 of Law No. 12.318 / 2010, which provides for acts of parental alienation. Mexico, however, has Article 323-Seventh of the Civil Code in force, introducing a subsystem of rules on intrafamily violence, levels or stages of alienation and treatment for the alienated child, with instruments to determine with whom the minor should remain. So, using the hypothetical-deductive method, with doctrinal, legal and jurisprudential research, this article intends to explore SAP in Brazil and Mexico, developing ideas to improve Brazilian legislation, based on the study of the existing and applied system in Mexico. In this sense, one wonders which solution turns out best in the search for the most appropriate solution - would it be possible to apply the mediation procedure? Is there an influence for a better solution when dealing with SAP early on? If so, how can authorities contribute to the fast identification of SAP cases? These are the main issues discussed in this article