A responsabilidade civil dos genitores que praticam a alienação parental.

Abstract

This work deals with parental alienation in its normative and doctrinal aspects, as well as the analysis of the derivative Parental Alienation Syndrome. It develops based on regulatory normative principles, such as the Brazilian Federal Constitution of 1988, civil law provisions, such as the 2002 Civil Code, and the Child and Adolescent Statute (ECA), guided by a systematic interpretation and oriented by the principles involved in such provisions, namely, human dignity and the best interests of the child. It will explain in an accessible manner the models developed by the fields of law and psychology for identifying behaviors that may fit into a typified action as parental alienation during the contact between the alienating party and the individuals susceptible to the action. To consolidate the information presented in the work, jurisprudential understandings adopted by the major Brazilian courts will be highlighted, along with the views of influential scholars and jurists active in the relevant field. From another perspective, the distinction between parental alienation and its subsequent Parental Alienation Syndrome, as well as their characteristics and essences, will be discussed. The psychological perspective of the victim will be analyzed to ascertain their behaviors and consequences resulting from the practice of alienation, as well as the precise determination of the responsibilities to be attributed to the alienating party, in accordance with the national legal code. This is accomplished through a methodology involving a literature review, specifically focused on specialized doctrines, the domestic legal framework, and jurisprudential interpretations. The work will be structured in a transdisciplinary framework, incorporating other relevant areas of law to enrich the objective of safeguarding the interests of the victims, as is common in forensic practice by psychologists, social workers, psychiatrists, and mediators, all of whom contribute to the process of effectively protecting and promoting self resolution.