THE LEGAL CONSEQUENCES OF PARENTAL ALIENATION IN CIVIL LAW AND HOW IT CAN AFFECT THE PSYCHOLOGICAL DEVELOPMENT OF CHILDREN AND ADOLESCENTS VICTIMS OF THIS PROCESS

Abstract

This study aims to analyze the legal consequences of parental alienation in Brazilian Civil Law and to understand how this phenomenon affects the psychological development of children and adolescents. To this end, it investigates the evolution of Family Law, marked by the replacement of the patriarchal model with a conception based on affection, the best interests of the child, and co-responsibility between parents. Thus, it seeks to understand parental alienation as a violation of these principles and as a practice that compromises both fundamental rights and the emotional health of the minor. Methodologically, this is a qualitative and exploratory literature review, based on legal and psychological books, legislation, official documents, and case law. The deductive method guides the analysis, starting from constitutional and normative principles, such as human dignity, integral protection, and parental authority, to examine the legal and psychological effects of parental alienation. The results indicate that the transformation of the concept of family in Brazil, now based on affection and parental equality, was essential for the recognition of parental alienation as a violation of children's rights. Brazilian Law No. 12.318/2010 establishes measures such as warnings, changes in custody, and psychological support; however, studies show practical limitations related to the difficulty in identifying the conduct and the lack of specialized interdisciplinary teams. Furthermore, psychological impacts such as anxiety, depression, emotional insecurity, and impairments in identity formation are observed, reinforcing the need for joint action between Law, Psychology, and Social Work. Law No. 14.340/2022 advances this by recognizing this practice as emotional violence. It is concluded that parental alienation is a complex phenomenon that demands integrated responses between legislation, public policies, family mediation, and psychosocial interventions. The effectiveness of addressing it depends on preventive and restorative actions capable of protecting the dignity, affection, and full development of the child and adolescent.