O DANO EMOCIONAL E A OBRIGAÇÃO LEGAL NO ÂMBITO DO DIREITO FAMILIAR DECORRENTE DA PRÁTICA DE ALIENAÇÃO PARENTAL

Abstract

Parental alienation is a serious violation of the fundamental rights of children and adolescents, characterized by psychological manipulation by one parent with the aim of undermining the emotional bond with the other parent. This study analyzes the emotional harm resulting from this practice and the effectiveness of Law 12,318/2010 in the Brazilian legal system, using a bibliographic review and jurisprudential analysis to understand the legal and psychological nuances of the phenomenon. The results show that parental alienation constitutes a severe form of psychological violence, capable of compromising the emotional development of children and adolescents, affecting self-esteem, mental health, and the ability to form healthy emotional bonds. From a legal perspective, despite the progress represented by Law 12,318/2010, its effectiveness faces challenges related to the difficulty of objectively proving harm, the complexity of cases, cultural resistance, and insufficient training of legal operators and health professionals. The findings indicate that shared custody and interdisciplinary collaboration among Law, Psychology, and Social Work are effective measures to mitigate negative impacts, although excessive litigation and procedural delays still hinder the protection of victims. The study highlights the importance of psychological assessments, family mediation, and specialized listening to children and adolescents to prevent revictimization. Consequently, continuous professional training, strengthening of protection networks, awareness campaigns, and legislative improvement, including swift and protective measures, are urgent. It is concluded that parental alienation must be treated as a matter of human rights violation, demanding coordinated action capable of integrating legal rigor and humanitarian sensitivity.