A responsabilidade civil diante dos efeitos psicológicos gerados pela alienação parental no âmbito da dissolução conjugal

Abstract

This monography is intended to provoke a reflection on parental alienation, in all its aspects, taking into account the negative effects that this practice causes in the lives of those involved. Studies had already shown that this reality usually arises in face of couple's separation, and that with the feeling of intrinsic anger, the desire for revenge is manifested, using the child as a means to fulfill this objective, with the intention of achieving the other parent, without observing, however, the damages that the offspring suffers with that situation, violating, therefore, a basic principle of Family Law, that is, the principle of the best interest of the child and the adolescent. Besides that, the presente work aims especially to address the possibility, in what concerns, the conviction of the parent who practiced the alienation, of an indemnity to the victims of this conduct. The monography begins with the theme of Family Law, in the sense of its constitutionalization, focusing on its principles. In sequence, a discussion about parental alienation occurs, passing through the distinction between parental alienation and parental alienation syndrome (SAP), in its forms of occurrence, analysis of Law 12.318/2010 (parental alienation law) and how it can be identified. Therefore, it deals with the civil liability institute, and later its application in Family Law, pointing the requirements of this institute that need to be present so that the duty to indemnify remains evident, and later, this discussion advances in the application of civil liability. to cases of parental alienation. Therefore, the research will be of na exploratory nature, in which the data collection will be carried out through a bibliographic survey, using doctrines, scientific articles, monographs, theses, dissertations, jurisprudence and legislation, being also documentary, because these data are in written documents, found in books, proceedings, periodicals and other media.