Tutelas provisórias de urgência no contexto da Alienação parental

Abstract

In Brazil, although the practice of parental alienation was discussed in the courts before 2010, it was only with the promulgation of Law 12.318/2010 that this theme received specific legal provision. Acts of this nature are capable of generating serious damage to the psychological integrity of the child or adolescent and to the establishment or maintenance of affectional bonds between these individuals and the alienated parents, which makes the study of instruments capable of acting in this context essential. This undergraduate thesis aims to investigate the application of preliminary injunctions in cases regarding the practice of typical parental alienation acts. Throughout the monograph, it will be sought, in addition to verifying whether the preliminary injunction is an instrument capable of inhibiting such behavior, the appropriateness of such instrument, the nature of provisional remedies, the contente of the requirements that authorize the granting of the measure, as well as other particularities inherent to these situations. To this end, the method of deductive reasoning will be applied, based on the analysis of legislation, articles, books and jurisprudence.