Alienação parental à luz do direito brasileiro e a responsabilidade civil do alienante

Abstract

This article will address the legal and theoretical aspects of Parental Alienation, from the perspective of Civil Law, especially the Civil Liability Institute, with regard to the possibility of indemnification for moral damages by the alienator, as a way to inhibit the practice and repair the damages arising her. It will also address the difference between Parental Alienation and the so-called Parental Alienation Syndrome, contextualizing them and explaining some psychological and structural consequences caused to victims. In another line, it will bring a jurisprudential analysis and the currently signed understanding of the possibility of indemnity for moral damages resulting from Parental Alienation and its quantification criteria. To develop the theme, the methodology used was bibliographic and jurisprudential research, in addition to the use of documentaries. The work has a multidisciplinary approach, passing through areas interconnected to law, which promotes better understanding and factual visualization of the problem.