CIVIL RESPONSIBILITY FOR THE LOSS OF A CHANCE: AN ANALYSIS ABOUT PARENTAL ALIENATION

Abstract

This research has as its theme the civil liability for the loss of a chance in cases of parental alienation and the possibility of its application in cases where parental alienation is involved. In the body of this article, based on bibliographic research, through the exploratory methodology, we seek to approach not only the alienation, its effects and its consequences on the parties involved caused by its practice, but also analyzing the articles of law 12.318, which has of parental alienation, together with the Child and Adolescent Statute, serve as a basis for applying measures in the hypotheses of alienating practices and, as a consequence, their classification. Civil liability combined with the Federal Constitution of 1988, seeks to increase the area of protection of human dignity, bringing different types of damages to the courts, allowing their repair. In this context enters the loss of a chance, which appeared in the French legal system in 1965, which brings with it the impediment of obtaining a future benefit or avoiding damage, which is already being accepted in the Brazilian legal system, and may have its application in the damage caused by the guardian parent that prevents the family coexistence of the father with the child through alienation. The phenomenon of parental alienation involves not only the parents, but mainly the child, violating the principles inherent to the family, weakening all their family power.