Alienação parental contra idosos: a possibilidade da utilização por analogia da lei 12.318/10 visando a proteção da população idosa

Abstract

The Parental Alienation it is a behavioral phenomena detected in families where alienating (tutor or guardian) takes a kind of psychological abuse against the infane or adolescent, seeking the depreciation of a third, called alienated. Note, however, that the abovementioned alienation has as victim also the elderly population. In spite are the elderly legally sustained by the Federal Constitution of 1988, as well as by the Elderly Statute, we realize the absence of legal foundation in cases in which they are as victims of Parental Alienation, where the alienating is present in the figure of the son or curator. In this area, it is observed the absence of current legislation that protects the elderly population of this abuse, having in view that the Law 12.318/10 has a long list of victims reportasserting: child or adolescent. In this way, this work sought to demonstrate the possibility of protection of the elderly population against the abuse of parental alienation through the use by analogy of Law 12.318/10. Thus, initially it examined three fundamental aspects for the construction of this work: the conceptualization of the family, the current definition of Parental alienation and the rights of the elderly in Brazil. After, considered the similarities between the victims of Parental Alienation already listed (infantes and adolescents) and the elderly, and the possibility of use of Law 12.318/10 aiming at protection of the elders. Finally, it was examined whether the evolution doctrinaireand law already existing about the theme.