Alienação parental na guarda compartilhada: a legitimidade da aplicação da responsabilidade civil

Abstract

This paper aims to discuss the legitimacy of the application of civil liability for the practice of parental alienation in the exercise of shared custody. Through an exploratory-descriptive analysis on the subject in question, of a qualitative nature using documentary research in light of the Civil Code, the Federal Constitution, Law 8.069/1990 (Child and Adolescent Statute), Law 12.318/2010 (Law that regulates Parental Alienation) and Law 13.431/2017 (Rights and guarantees for children and adolescents who are victims or witnesses of violence), it was possible to reach an understanding about the legitimacy of the application of civil liability for parental alienation in shared custody. Civil liability will occur in several ways, and through this study, the ways in which they can be applied will be explained, such as: psychosocial assistance to the alienated minor and compensation to the alienated parent. Furthermore, the aim is to understand parental alienation, according to Law 12.318/2010 (Law that regulates Parental Alienation) and Law 13.431/2017 (Rights and guarantees for children and adolescents who are victims or witnesses of violence), since Parental Alienation has become a form of psychological violence, as well as to discuss the interference with children and adolescents, since such practice directly interferes in the psychological development of the minor in relation to the alienated parent. Finally, this work aims to expose that in parental relationships, Parental Alienation is also configured through the abuse of rights, in the exercise of parental power. And the responsibility of the parent in exercising shared custody is very pertinent because shared custody demands dialogue, respect between parents and their effective participation in the division of responsibilities regarding children and adolescents.