A MEDIATION AND PROPER TREATMENT OF FAMILY CONFLICTS ARISING FROM PARENTAL ALIENATION IN THE MIDDLE OF THE COVID-19 PANDEMIC

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Abstract

This article addresses the issue of mediation as an appropriate way of dealing with family conflicts arising from the practice of parental alienation during the Covid-19 pandemic period. Mediation is a self-composing mechanism that aims to restore communication between people involved in a conflict. It is based on the Brazilian legal system in the Civil Procedure Code (13.105/2015), in the Mediation Law (13.140/2015) and in Resolution 125/2010 of the National Council of Justice. In this sense, we sought to understand the concept of parental alienation and how this practice interferes with the development of the child and/or adolescent involved in the existing family conflict. In the sequence, the figure of mediation and its applicability in Brazilian Law became evident, as well as its use in the family sphere, specifically in cases of animosity between parents and the existence of parental alienation, which can be perpetuated in the social isolation experienced as a result of the pandemic. It is possible to use mediation in the family context as a peaceful way of restructuring ties through dialogue, even if carried out in a virtual way, due to the experienced pandemic. The approach method used is the deductive method.

Author Biographies

Helena Pacheco Wrasse, Faculdade Dom Alberto

Mestre em Direito pelo Programa de Pós graduação Stricto Sensu da Universidade de Santa Cruz do Sul -UNISC. Graduada em Direito pela UNISC. Graduada em Direito pela Universidade de Santa Cruz do Sul - UNISC. Professora de Direito na Faculdade Dom Alberto em Santa Cruz do Sul. Advogada. E-mail: hphelenapacheco@gmail.com

Rafaela Brixner Irigoyen, Faculdade Dom Alberto

Graduanda em Direito na Faculdade Dom Alberto, em Santa Cruz do Sul/RS.

Published

20/12/21

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