A possibilidade de aplicação da lei n.12.318-10 em analogia à alienação parental contra o idoso

Abstract

The elderly, as well as children and adolescents, can be considered a vulnerable figure, in need of support and full protection, with the intention of being protected from possible practices that, due to the stage of life in which they are found, may be subject to suffering. In this case, the idea of using Law Nº. 12,318/10 is presented in analogy to the figure of the elderly, as well as children and adolescents, given the legal absence of protection to protect them from this act. In this context, the use of this analogy has been questioned, reaching the issue of this article. Therefore, the general objective is to analyze the possibility of applying the aforementioned law in relation to the elderly, and in a more specific way, it tries to contextualize their figure, nowadays, presenting their protection measures and evading the practice of parental alienation in order to get the answer about the problem. Thus, the work will rely on the deductive method approach, which through its results an answer will be found. Finally, this study is extremely relevant, since in the absence of protection for the current situation, it is necessary to question effective measures that will protect the elderly. Therefore, it is concluded that in the absence of legal protection that supports the elderly, the jurisprudence understands that the application of Law Nº. 12.318/10 should be used in analogy, in order to not leave them helpless, regarding the practice of a possible alienation.