A alienação parental em face dos idosos: aplicação analógica da Lei n° 12.318/2010

Abstract

The present research aims at analyzing the need for an interpretative extension of the concept of Parental Alienation established in law n°12.318/2010, more specifically in 2th of that standard, aiming at a more detailed protection for the elderly, within the family where he is most vulnerable. For this purpose, a bibliographic review was carried out in the relevant literature, as well as an analysis of legal, national and international legal instruments, together with an argument of national jurisprudence, which can be used as arguments to extend such protection. As a conclusion, we have to extend this interpretation is paramount to guarantee protection for the elderly instituted by the Magna Carta and other infraconstitutional devices, since this population follow-up is in a position of fragility similar to that of children and adolescents, requiring, therefore, congener protection.