O cabimento da compensação por danos morais na alienação parental.

Abstract

This work aims to study the parental alienation and the pertinence of moral damages as a result of acts committed by alienating based on the liability institute. In this study, an analysis of the relationship between parents and children who are affected by parental alienation is necessary, particularly addressing the possible consequences that this may cause alienation. Addressing not only the parental alienation, as well as civil liability. The general objective of this study is to assess cases where there is the possibility of a civil reparation to the parent that does not have guardianship when directly affected, such as to have their right to visits restricted by the alienating parente or in the more severe cases in when there is the occurence of false allegations of sexual abuse, where the alienating parent makes the child or adolescent believe that they are really suffering abuse through false memories. In order to facilitate said study is uses deductive approach method comprising the concept of parental alienation and parental alienation syndrome, pointing to the possibility of material damage from the damage done. The form used is the bibliographic research, based in the library of the University of Santa Cruz do Sul - UNISC, legal journals and articles published. For the search technique, we use the indirect documentation, through legislation, jurisprudence and books, as well as sites related to the subject. Finally, it can be said that the Law 12.318/2010, must protect the best interests of the child or adolescent. Moreover, in cases where remains proven the existence of material damage as a result of committing parental alienation, there is the possibility of repairing this damage. For this, the alienating parent is obliged to repair the damage committed against the parent that does not hold the guardianship.