Responsabilidade civil na alienação parental: abalo moral causado pelo genitor alienante no genitor alienado e a possibilidade de reparação

Abstract

This paper is a study made from the law that regulates the parental alienation (Federal Law # 12.318/2010) and the institute of the liability, due to the consequences that the parents’ acts of splitting their children from other parent, after divorces or separations, causes on this alienated parent and due to the more frequently figure of moral damage on judicial causes. Also frequently, the parental alienation has been object of doctrine discussion, including been openly talked about on television and articles, transforming it on a very actual theme to discuss. The possibility of liability due to those acts and the damages on those parents that can have their relationship with their children broken, is a reality that must be discussed, whereas there’s no jurisprudence about this subject, although them be illegal acts or right abuse that injure the rights of the alienated parent to the natural intimacy with their child and human dignity, rights that are guaranteed by the Constitution of Brazil.