The need for consideration of the elderly person in a potential state of parental disposition and the practice of public policies

Abstract

Objective: To analyze the possibility of the elderly person being a victim of parental alienation. Method: a bibliographical research was carried out, with a narrative / critical search, with as search tools legal books and periodicals located in Pubmed, Bireme-BVS, Scielo, Medline, Lilacs, Scopus and PsycInfo. Literature review: the elderly received full and special protection from the State in the Federal Constitution and Law No. 10.741 / 2003 (Statute of the Elderly). However, there is no prediction of this, when suffering violence, especially the psychological, be considered a victim of parental alienation. Although legal provisions are vast, there is a difference and, let alone, distance between laws and their effectiveness, evidencing the need for new public policies to guarantee and defend the rights of those victims. Final considerations: from an analogous interpretation of art. 2 of Law No. 12,318 of 2010 (Parental Alienation Law - PAL), a humanized social analysis, added to the integral protection of the social vulnerable, it will be possible to consider the elderly person victim of parental alienation, when the act of violence compromises the family coexistence or its mode to act or think