Análisis jurídico y doctrinal de la alienación parental y su regulación en la norma sustantiva y procedimental

Abstract

Abstract: In this degree work, we will analyze how parental alienation arises and how this brainwashing carried out by the parent towards their child harms their stage of development in childhood or adolescence; and, in turn, how it violates the right to coexist or relate to the other parent who does not live with him. Likewise, the generalities of the family and its rights, marriage, divorce and de facto union will be addressed; And, since this figure of AP arises from separation or divorce, the main characteristics of the alienating parent will also be analyzed and how it affects the alienated child or adolescent. In the legislation of Ecuador, this legal figure that guarantees the non-violation of the human rights of children and adolescents is not regulated in the substantive or adjective norm, therefore comparative law will be reviewed in order to demonstrate that regulating the aforementioned legal figure will prevent the obstruction of the visitation regime and the psychological damage to the alienated children. To do this, the analytical, scientific, hermeneutic and comparative law method will be used.