A alienação parental e a efetiva aplicação das sanções cabíveis ao alienador

Abstract

The present work analyzes the parental alienation and the effective application of the applicable sanctions to the alienator, under the terms of Law 12.318 / 10. The choice of theme is justified by the reason that as a child I was a victim of parental alienation, suffering consequences to the present day, such as not having a familiar intimacy with my Father. Also because today I am a Father of two children, I do not like that my children went through what I suffered and finally their social importance, in a context of changes in Brazilian families and the high number of dissolutions in marital bonds. These factors have made me have the interest of researching more on the subject, seeking information in the judgments and jurisprudence, if the Brazilian laws are being effective to prevent and punish the alienators. Parental alienation usually arises as a result of marital disruptions involving custody of the minor offspring, a campaign of demoralization of one parent by another, which can lead to the syndrome of parental alienation that compromises the emotional health of the child and the adolescent, hindering the family coexistence and damaging the affective bond between them. The main objective of the above-mentioned legislation is to prevent and avoid the aggravation of greater psychological damages to the child and the adolescent, respecting, therefore, their fundamental rights. Thus, the first chapter deals with the transformations and new concepts of family, the right to family coexistence, family power, marital disruption and legislative updates pertinent to the theme. The second chapter deals with the emergence, the concepts, the characteristics of parental alienation and its distinction in relation to the syndrome of parental alienation. The third chapter is devoted to the sanctions applicable to the alienating parent, according to Law nº 12.318 / 10, jurisprudence and criminal and civil responsibilities, as besides legal measures that serve as punishment and prevention of practices of parental alienation, there are also responsibilities penalties, since the practice of parental alienation has come to be recognized as psychological violence, and the offender may be arrested. Taking as legal protection the Federal Constitution of 1988, the Civil Code of 2002, the Statute of the Child and Adolescent (ECA) and other legislation in force, in order to respect the dignity of the human person and the best interest of the child, a descriptive research was carried out, with a bibliographical revision in doctrines scholars in the subject.