Alienação parental e suas implicações no direito de família.

Abstract

This paper discusses parental alienation, as it highlights the contributions made by neoconstitucional movement to the right family. From there, the measures taken by the State, on the assumption that his performance became essential since the sale usually reaches families in the contested separation process, injuring guaranteed constitutional principles to children and adolescents will be identified. The discussion on the disposition is presented, which is realized while the interpretation and validity of fundamental rights in family relations, in light of the constitutional principle of human dignity. Thus, an approach to constitutional paradigms will be made in Brazilian Civil Law, emphasizing, as this current way of thinking changed the laws, seeking legal basis in the Constitution of 1988. The methodology used in this research consists of a literature review of the legal field, so the deductive method, from a research source, doctrinal works, electronic journals will be used, thus realizing the exegetical and legal, to the best interpretation of institutes such as parental Alienation and neoconstitucional movement in Family Law, showing interest in the bringing of human dignity. Therefore, it is imperative to think the Law, the constitutional framework, to promote citizens a decent life and garantismo of its most fundamental prerogatives, stand out as human rights. It follows from the results of the research, the high index of cases of parental alienation, when the end of the family bond must be fought through state intervention. The measures taken by the State should prioritize protection of inalienable and indispensable to the physical and psychological integrity of the child and adolescent rights, because these survive affective family concussion.