RITO E GESTÃO DE PROVAS NA AÇÃO DECLARATÓRIA DE ALIENAÇÃO PARENTAL

Abstract

Parental Alienation is a topic that sparks intense debate within society, because it involves the familial structure, which is constitutionally recognized as the foundation of society. However, this study approaches the issue from a procedural perspective, without disregarding its material aspects. It is important to highlight that the topic is intrinsically linked to the principle of human dignity, and that procedural aspects play a crucial role, since through proper procedural techniques it is possible to ensure the protection of fundamental legal rights. Initially, key concepts related to parental alienation are analyzed and discussed, along with the theory of Parental Alienation Syndrome, developed by American psychiatrist Richard Gardner. Furthermore, the study examines how the Brazilian Code of Civil Procedure addresses the procedures applied in Declaratory Actions of Parental Alienation and how the management of evidence is conducted, with special attention to expert evidence, a fundamental tool in determining whether or not psychological violence against the child or adolescent has occurred. Based on this understanding, the judge then applies the punitive measures provided by the governing law (Law No. 12.318/2010), granting the action a status that goes beyond mere declaration.