THE CIVIL RESPONSIBILITY OF THE PARENTAL ALLIANCE

Abstract

This paper analyzes the phenomenon of parental alienation and the possibility of civil accountability resulting from this practice. Initially, the concept of civil liability is addressed based on doctrines, theoretical references and jurisprudence, identifying its assumptions and distinguishing its contractual and non-contractual forms. Next, the research highlights the impacts of parental alienation, especially the moral and psychological damage suffered by the victims, with emphasis on the vulnerability of the children and adolescents involved. Considering the evolution of family relationships and their consequences in the legal field, it is justified the need to protect the fundamental rights of minors in the face of behaviors that seek to break or weaken affective bonds. A qualitative analysis methodology is adopted, focused on understanding the conduct of one of the parents by emotionally manipulating the children in order to distance them from the other responsible. Such behavior characterizes violation of fundamental rights and requires the action of the legal system to curb its consequences. In this context, civil liability is analyzed as a viable instrument to repair the damage caused and restore balance in family relationships. In the end, it is concluded that the responsibility of the alienator not only guarantees justice to the injured party, but also reinforces the full protection of children and adolescents, as provided by the Brazilian legal system.