A mediação como solução para o conflito da alienação parental na guarda compartilhada

Abstract

Brazil, due to changes in format of the current society, has undergone a considerable increase in divorce proceedings, and together with divorce, in most cases there are one or more children, who are in the middle of this impasse between parents. As a result of this complex process, which is divorce, many hurts and resentments arise, resulting from affective relationship that is broken. To this end, the parent's way of living with their children becomes a problem for the regulatory judiciary. In 2014, through Law nº 13.508, shared custody was tutelage, and from then on, it was considered mandatory custody by many judges. It happens that, with imposition of the division obligations between the parents that do not have a good relation, the problem of parental alienation arises, where the parent who is exercising activity of guard, tries to induce the smallest against other parent, breaking affective ties between them and causing enormous damage and disruption to formation of the child or adolescent. However, as a solution to this problem is mediation, which emerges as a very effective technique, which seeks to break with traditional judicial system and help parties in resolving conflicts, not seeking blame but opening a dialogue, producing soothing effect desired by justice, but often fails to achieve that goal.