Alienação parental: revisão sistemática de estudos documentais e análise da aplicação do conceito em sentenças judiciais

Abstract

The phenomenon of Parental Alienation (PA) has been identified more frequently in the context of child custody disputes by parents in courts of law, especially after the enactment of Law no. 12,318 (2010) (Parental Alienation Law). In this context, this dissertation sought to understand how the judicial system has evaluated and responded to suspected cases of PA. For this purpose, two studies were carried out, the first with the objective of conducting a systematic review of national and international documentary studies with judicial samples involving AP and the second with the objective of analyzing judicial sentences of Family Courts of the Court of Justice of the State of São Paulo (TJSP) with charges of AP. The systematic review was carried out following the guidelines of the PRISMA protocol. The keywords "parental alienation" and "parental alienation", were searched in 4 databases. The book collection of the Laboratory for Analysis and Prevention of Violence was also consulted. Six studies were selected, of which 4 were Brazilian, 1 Canadian and 1 Italian, demonstrating that there are still few studies on AP that use samples of judicial origin. The revised literature indicates that the justice system has based most of its decisions on PA cases in the conclusions of psychological reports produced by court experts. However, the reviewed studies identified deficiencies in the psychological assessments of suspected PA. The documentary study, on the other hand, carried out a search in an electronic tool for accessing TJSP information, resulting in 217 sentences that mentioned the term “parental alienation” between 2010 and 2019. 128 sentences were selected for analysis. Among the results, the participation of expert psychologists stands out for the outcome of the process, since their reports served as a basis for 75% of the sentences, with the magistrates showing confidence in their conclusions, which calls attention to the psychologists’ responsibility for the protection of children involved in marital litigation. Most of the accused parents of AP were female guardians. Only in 19 sentences was someone declared alienator, usually women. They were also the target of false accusations more frequently than men, indicating that PA accusations were generally used as an instrument of gender-based violence. From the analysis performed, it was possible to describe an overview of how PA cases are analyzed, substantiated and judged in the State of São Paulo. Finally, the present dissertation allows us to understand how the evaluation and judgment of PA accusations takes place. The results found were similar to those of other researches in the area, indicating trends that overcome cultural barriers. It should be noted that the assessment of the occurrence of PA proved to be complex and challenging, requiring a strong professional commitment from the technicians and magistrates involved, considering that the family dynamics are diverse, deserving an individualized assessment of each litigation so as to contemplate its particularities at the same time that privileges the rights of the children involved.