Alienação parental sob a ótica da responsabilidade civil: o Direito de Família na tutela do desenvolvimento saudável da criança

Abstract

This work promotes a doctrinal and legislative analysis on the Parental Alienation, as a previous and preliminary study on the theme, in order to allow for a judicial approach, ensuring that a Law's perspective on this issue is made known. This theme is of great relevance for Law and the society as a whole, because the negative effects on the children's lives who are victims of this practice is mostly unknown. Contemporary Law, taking into account the dignity of the human person, must guarantee protection mechanisms and a healthy family environment (regardless of what type of family), always securing the best interest of the child or teenager. To analyse this contemporary phenomenon, this research makes use of a dialectical methodological analysis, which allows for the understanding of judicial aspects that include interdisciplinary contributions, especially from Psychology (in what is useful for a judicial critique). Based on the researches and data analysis, it is possible to conclude that the judicial approach on civil responsibility on the practice is an effective means to avoid (on the pedagogic perspective of decision and judicial punishment) and as a means to compensate the traumas originated from this practice. This theme, however, still needs more judicial analysis and interdisciplinary dialogues so the Parental Alienation can be effectively fought.