AN ANALYSIS OF THE INSTITUTES OF UNILATERAL CUSTODY AND SHARED CUSTODY IN THE FIGHT AGAINST PARENTAL ALIENATION

Abstract

Parental alienation is a legal and psychological phenomenon that often occurs in contexts of dissolution of family life, directly affecting the child's emotional development and compromising the balanced exercise of family power. In the Brazilian legal system, the approach to this problem involves the application of judicial measures that seek to mitigate its effects, including the definition of the custody regime. In this context, the present study aimed to analyze the effectiveness of unilateral and shared custody modalities as legal instruments capable of preventing and combating parental alienation. To this end, a methodology based on the analysis of legal and scientific sources was adopted, through bibliographic research in academic articles and publications available in the CAPES, SciELO and Google Scholar databases. From this investigation, it was observed that shared custody, by promoting parental co-responsibility and favoring balance in decision-making, tends to be more effective in preventing parental alienation, contributing to a healthier coexistence between parents and children. However, it was found that its adoption should be carefully evaluated in contexts of domestic violence or accentuated marital conflicts, in which unilateral custody may be more appropriate to the protection of the minor. The study concludes that both modalities have applicability and efficacy conditioned to the analysis of the concrete case, and the sensitive and interdisciplinary action of the legal operators is essential. Finally, it is suggested the expansion of psychosocial support measures and qualified listening to the child, as a way to improve judicial interventions in these family conflicts.