PARENTAL ALIENATION: A LEGAL ANALYSIS OF CIVIL LIABILITY AND THE JURISPRUDENTIAL POSITION TOWARDS THE ALIENANT

Abstract

The present work aims to analyze the civil liability of parental alienation, and how the Law is positioned when it comes to the rights of children and adolescents. There are cases in which the dispute for custody can lead to conflicts between the parents that go beyond what is allowed, as in the case of a parent using the child as an instrument to take revenge on the other. In this way, he begins to deceive, distort the image that the child has of the other parent, and may go so far as to lie about sexual crimes committed by the separated parent and harm the child. Faced with this situation, Law 12.318/10 was born with the purpose of thinking about and offering measures to prevent and eliminate discriminatory acts by parents. This research is divided into three sections, the first characterizes the concept of parental alienation and the treatment conferred by Law 12.318/2010, the second deals with the rights established for children or adolescents as seen in the Constitution and the ECA, and the third section deals with from civil liability and the consequences caused by the alienating person to the alienated person and their psychological effects on children or adolescents. It is concluded that parental alienation must be monitored by the judiciary and duly specialized psychologists in the area, so that there will be a change in the consequences caused by alienation and that in proven cases the alienator can be punished with effective measures as provided by law. 12,318/2010.