A responsabilidade civil por danos morais e psicológicos decorrentes da prática de alienação parental

Abstract

Parental alienation refers to a set of behaviors and strategies typically carried out by one of the parents within a context of unresolved feelings from the dissolution of a marriage, negatively impacting the development of children and adolescents. In this context, the objective of this work is to address the issue of the civil liability of the alienating parent concerning the practice of acts of parental alienation, as well as the various reasons that warrant compensation in the civil sphere, both morally and psychologically. Therefore, this study aims to examine the close relationship between the parent practicing parental alienation and the responsibility for the resulting harm, as well as to investigate the duty to compensate on the part of the alienating parent, delving into a meticulous analysis of the necessary elements for establishing civil liability and the related acts of parental alienation. Furthermore, within the same context, it is worth noting that Laws No. 8,069 of July 13, 1990, known as the Statute of the Child and Adolescent, and subsequently Law No. 12,318 of August 26, 2010, addressing Parental Alienation, have emerged. As a result, with the legal protections mentioned, the Brazilian judiciary recognized the need for civil responsibility arising from the practice of Parental Alienation, which encompasses principles outlined in the 1988 Federal Constitution and the 2002 Civil Code. Consequently, the primary method of approach employed in this study is hypothetical-deductive, starting from the general premise of civil liability to analyze the practices of parental alienation. Additionally, the bibliographical method was used to collect data from articles, books, and scientific journals to support the construction of this research. Following the conducted research and studies, it was found that the practitioner of parental alienation bears civil liability toward the victims of this practice, primarily due to legal provisions and doctrinal understandings converging on this issue, reaffirming the need to hold them accountable as a means to alleviate or reduce the harm suffered. This responsibility extends to supporting the affected children and adolescents, as well as the alienated parent, allowing for a fresh start. Undoubtedly, this approach will have a positive impact on the social and psychological development of the individuals affected.