WHAT ARE THE CONSTITUTIONAL PRINCIPLES VIOLATED IN PARENTAL ALIENATION, AND THEIR LEGAL EFFECTS?

Abstract

This article aims to analyze the phenomenon of Parental Alienation, which consists of the act of one parent influencing the child to move away from the other through psychological abuse. Illicit conduct was the subject of studies in 1985, when Richard Gardner found that children subjected to this type of abuse usually had a syndrome, which he called “Parental Alienation Syndrome”. The Brazilian court approved legislation dealing with the matter only in 2010, through Law n. 12,318/2010, however, even after a decade of its approval, the topic is still the subject of controversy, however, constitutional principles must be observed to guarantee the safety and health of children who are victims of this situation.