Alienação parental: considerações sobre a responsabilidade civil do alienador

Abstract

This work resulted in an extensive literature search for articles, books, legislation and case law, about of civil liability in cases of parental alienation. In order to determine the possibility of alienating the civilly accountable ascending the monograph will bring a family approach in the contemporary scene, its concept and principles that guide this important institute basis of the whole society as well as to marital dissolution and its implications in the lives of parents and children, as an advanced understanding of the context in which it gives parental alienation. Following the approach will be on parental alienation itself, the conduct of alienating and its consequences, ways of identifying its occurrence, and legal consequences of such conduct taking into consideration the Law 12.318/2010 which provides for parental alienation as a form there is more to protect the rights of children and adolescents and to ensure respect for the principle of family life. In the institute's ultimate liability will be analyzed in order to understand their purposes and assumptions in order to determine whether there is possibility of alienating the blame, ie, up to alienating behavior corresponds to a wrongful act that causes damage, taking into account all pertinent legislation, as well as the doctrinal and jurisprudential understanding.