Reverse parental alienation from the viewpoint of the courts

the elderly as a victim

Abstract

This article seeks discussions about the institute of reverse parental action today, performing searches in the jurisprudence about its applicability. The objective of the work is to research on the institute of inverse parental alienation, having as a guiding problem to know if it is possible to apply the institute of inverse parental alienation under the analogy of the categories of vulnerabilities. The methodology of the work will aim to be an exploratory research, of a detailed nature, having as data collection such as bibliographic and documentary review, that is, through consultations in the jurisdictions of the Courts of the States of Santa Catarina and Rio Grande do Sul and also from the page of the Superior Court of Justice through. Such methods will contribute to the research in order to bring real examples of the applicability of such alienation format, as well as the positioning of the courts in the face of inverse parental alienation. The results found in the databases show that this institute is applied by analogy to parental alienation, considering the elderly person as a being belonging to the category of vulnerability, just like children and adolescents. However, however, with regard to the existing processes in progress about the research, few are judged from this perspective of law, thus evidencing the absence of jurisprudence and also of the superior's position on the application of the institute of inverse parental alienation.