A ineficácia das práticas processuais de inibição aplicáveis aos alienantes no ordenamento jurídico brasileiro

Abstract

This article seeks to demonstrate that the inhibition practices adopted by the Brazilian judicial system in order to curb the practice of parental alienation are inefficient and ineffective. The forms of inhibition contained in the laws in the Brazilian legal system will be analyzed, as well as the main innovations on the subject, which is recent in the law but is old in practice. Therefore, to base the article, it will be pointed out the concept of family, the concept of alienation, and ways of alienating, for example. The goal is to demonstrate that the measures used need to be re-evaluated by the legislature. In this sense, the methods that would work better in the legal system will be identified, aiming to preserve the child and the adolescent and valuing the principle of integral protection of the child. The child, who is in a phase of physical and emotional development, should be guarded by his or her family, which cannot have a feeling of ownership towards him or her