PARENTAL ALIENATION AND MORAL DAMAGE TO CHILDREN AND ADOLESCENTS: A LEGAL ANALYSIS OF CIVIL LIABILITY IN BRAZILIAN LAW

Abstract

This article sought to analyze parental alienation as a violation of the fundamental rights of children and adolescents, investigating its legal, psychological, and social repercussions, as well as the application of civil liability due to the moral damages caused. The study's general objective was to understand how the practice of parental alienation affronts the principles of human dignity, the best interests of the child, and comprehensive protection, in addition to evaluating the effectiveness of Law No. 12.318/2010. The method employed was deductive, using bibliographic research with data from legislation, renowned legal scholars, and recent judicial decisions. Regarding the approach, this is exploratory research of a qualitative nature. The results indicated that, although the legislation represents a milestone in child and adolescent protection, there are still limitations regarding the civil liability of the alienating parent, especially concerning the reparation of moral damages. It is concluded that the enforcement of civil liability in these cases is essential to guarantee the full protection of the rights of children and adolescents, promoting not only compensation for the victim, but also the educational and preventive nature of the compensation.