EL SÍNDROME DE ALIENACIÓN PARENTAL EN LA LEGISLACIÓN Y JURISPRUDENCIA NACIONAL. Alfredo, J. & Gonzales, P. Revista Vox Juris, 36(2):107–120, VOX JURIS, Lima (Perú), July 1, 2018. ![EL SÍNDROME DE ALIENACIÓN PARENTAL EN LA LEGISLACIÓN Y JURISPRUDENCIA NACIONAL [link]](https://bibbase.org/img/filetypes/link.svg "link")
Paper abstract bibtex The Parental Alienation Syndrome in the field of psychology and law is a phenomenon that affects the family, the parental and maternal filial relationship, communication between parents of children. The lack of existing literature on the subject thus confirms it, however, there are also studies that detract from the scientific validity of the Parental Alienation Syndrome. In the field of legislation, jurisprudence and casuistry, the phenomenon also addresses uneven considerations. The objectives that were outlined were: to analyze the Parental Alienation Syndrome in the national legislation and jurisprudence, verifying if it constitutes a pathology that affects the communication of parents of children, generating affectation to the rights of the children; and if it is appropriate to regulate and sanction the Parental Alienation Syndrome in order to make the best interests of the children prevail. The methodology used was verified through the collection and study of legislation and national jurisprudence on the pathology of the Parental Alienation Syndrome, for which the hermeneutical method was applied. The conclusion reached, after the legislation on the Parental Alienation Syndrome was analyzed, both at the constitutional and legal levels, as well as the national jurisprudence, is that there is no specific legislation that prevents and sanctions said pathology, however in the national jurisprudence it is considered as a justiciable case, since it affects the communication and interrelation between the children with the father or mother who does not exercise the possession, and with it the rights of said minors. However, due to its effects, parental alienation constitutes a case of psychological violence, and therefore it is possible to dictate protection measures and sanctions through the procedure established in Law N° 30364.
@article{Alfredo2018EL,
author = {Alfredo, José and Gonzales, Pineda},
title = {EL SÍNDROME DE ALIENACIÓN PARENTAL EN LA LEGISLACIÓN Y JURISPRUDENCIA NACIONAL},
journal = {Revista Vox Juris},
publisher = {VOX JURIS, Lima (Perú)},
year = {2018},
month = {July 1},
volume = {36},
number = {2},
pages = {107--120},
isbn = {2521-5280},
abstract = {The Parental Alienation Syndrome in the field of psychology and law is a phenomenon that affects the family, the parental and maternal filial relationship, communication between parents of children. The lack of existing literature on the subject thus confirms it, however, there are also studies that detract from the scientific validity of the Parental Alienation Syndrome. In the field of legislation, jurisprudence and casuistry, the phenomenon also addresses uneven considerations. The objectives that were outlined were: to analyze the Parental Alienation Syndrome in the national legislation and jurisprudence, verifying if it constitutes a pathology that affects the communication of parents of children, generating affectation to the rights of the children; and if it is appropriate to regulate and sanction the Parental Alienation Syndrome in order to make the best interests of the children prevail. The methodology used was verified through the collection and study of legislation and national jurisprudence on the pathology of the Parental Alienation Syndrome, for which the hermeneutical method was applied. The conclusion reached, after the legislation on the Parental Alienation Syndrome was analyzed, both at the constitutional and legal levels, as well as the national jurisprudence, is that there is no specific legislation that prevents and sanctions said pathology, however in the national jurisprudence it is considered as a justiciable case, since it affects the communication and interrelation between the children with the father or mother who does not exercise the possession, and with it the rights of said minors. However, due to its effects, parental alienation constitutes a case of psychological violence, and therefore it is possible to dictate protection measures and sanctions through the procedure established in Law N° 30364.},
keywords = {Parental alienation; filial parental relationship; rights of children; Legal},
url = {https://1drv.ms/b/s!AqneSWcIBOtass9imoRCgWEQn_0PJA},
language = {Spanish}
}
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The lack of existing literature on the subject thus confirms it, however, there are also studies that detract from the scientific validity of the Parental Alienation Syndrome. In the field of legislation, jurisprudence and casuistry, the phenomenon also addresses uneven considerations. The objectives that were outlined were: to analyze the Parental Alienation Syndrome in the national legislation and jurisprudence, verifying if it constitutes a pathology that affects the communication of parents of children, generating affectation to the rights of the children; and if it is appropriate to regulate and sanction the Parental Alienation Syndrome in order to make the best interests of the children prevail. The methodology used was verified through the collection and study of legislation and national jurisprudence on the pathology of the Parental Alienation Syndrome, for which the hermeneutical method was applied. 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