Eles escutam o processo: desdobramentos da escuta falaciosa na alienação parental judicializada

ABSTRACT Introduction:This monograph is located in legal psychology and consists of exploratory and bibliographic research in books, articles and scientific journals. In this research, we problematize the hearing in the judiciary for the child or adolescent who experience the Parental Alienation (PA). Objective:To investigate the causes of the absence of space for the child's speech in the legal field, in cases of Parental alienation. In order to define the PA, an epistemological mapping of the term "alienation" was made basedon Poli (2005). The judiciary's postures were examined for the juvenile hearing. In order to achieve the objective, the meanings of "child" were placed that sustain it in the place of absence of speech. Results:This research demonstrated that the term "alienation" has meaning in philosophy, psychiatry and psychoanalysis. The first signification reveals the contract that serves the social order; The second has about the transference supported by the impossibility of directing oneself autonomously, either through madness or passivity to the economic system. The Lacanian sense points to the fundamental operation of the subject, which strengthens its resumption in the PA process, according to Brockhausen (2011). The concept of current childhood is an idealized construction that offers a voice to the child, this being the starting point for the laws of the Statute of the Child and Adolescent and the PA. It is pointed out, however, the paradox of fallacious listening, since legislations validate the speech of the child and at the same time the listening can be aborted or even serve only inquisition to the child, with paths already traced by whom the interview. A legal-practical vacuum was found, where the misunderstanding was discussed in the presidential veto ofArt. 9th of the Bill 12.318/2010, for leaving the resolution of the PA restricted to the judicial milieu, increasing the judicialization of the family and decreasing the chances of the child speaking in extrajudicial space. It was pointed out factors thatsummon the psychologist to the ethical posture, when he decides whether or not to identify the PA in its evaluation, because it may prove decisive in the judicial ruling. Conclusion:The main contributions of this research consist in strengthening the child's speech in cases of PA or suspicion of it; Understand, with psychoanalysis, why the ease of implantation of the PA and, lastly, to summon the psychologist to the ethics of qualified listening. To do this, the fallacious listening, unfortunately common and similarly alienating, must be waived.