Guarda compartilhada: alienação parental e abandono afetivo de menor como meio de perda de poder familiar

Abstract

The discussion of the joint custody institute is frequent in Brazilian society, as well as in the legal sphere. This is because, day after day, there is a slow dissolution of the patriarchal model of being a family. Some causes of this dissolution are due, for example, to women gaining space in the labor market, which resulted in female financial independence. In parallel, according to IBGE data for the first half of 2021, the number of divorces is on the rise, with an increase of 24% compared to the same period of the previous year. With this, more cases of the practice of parental alienation and emotional abandonment emerged, depriving many parents of their family power. Thus, this study proposes to bring a critical reflection on the maintenance of shared custody, in cases of parental alienation and emotional abandonment of the child or adolescent, showing that new understandings about this matter are yet to come.