Alienação parental: uma análise da viabilidade de indenização por danos morais

Abstract

The terms of relationships grow each day, and when they are not made amicably between the couple, some consequences may arise and one of them is parental alienation, where the most impaired are the children or adolescents involved. Parental alienation happens when one of the parents or someone who has the child or adolescent under their authority, influences them to repudiate and ignore the alienated parent, causing the bond between them to be affected, the alienator makes it difficult in any way to live together the victims alienated, so this situation deserves more attention from the judiciary so that the alienator is duly held accountable. In order to discipline this situation, in 2010 Law 12.318 / 10 was published which provides for parental alienation, including, among other aspects, the measures that must be established after the proof of the alienating acts, but there is a need for more measures to be created to try to avoid this illicit practice. The aim of this study is to analyze the studies concerning the possibility of compensation for moral damages in cases of parental alienation, as a measure capable of avoiding the practice of alienatory acts, examining the necessary requirements for the alienator to be condemned to reparation for the damage done to the alienated victims.