A responsabilização civil, penal e processual pela prática de falsas acusações de abuso sexual em contexto de alienação parental.

Abstract

This monographic work focuses on the use of false accusations of sexual abuse in the context of parental alienation and their legal repercussions. The general objective of the research is to examine whether it is possible to hold the author of the false allegation civilly, criminally, and procedurally responsible, and to what extent such accountability can occur. The central issue is to understand how the Brazilian legal system reacts when unfounded complaints are used as a tool to break parental bonds, affect family interactions, and manipulate the functioning of the justice system. To address this issue, bibliographic and documentary research was carried out, with an analysis of legislation, doctrine, case law from the Higher Courts, and interdisciplinary studies on the psychology of testimony and the formation of false memories, using the deductive method. The results show that the legal system has effective mechanisms to hold the perpetrator of false accusations accountable, whether through civil means, with compensation for moral and material damages, or through criminal means, by applying the offenses of false accusation, false reporting of a crime, slander, and procedural fraud, in addition to the procedural sanctions provided for in the Code of Civil Procedure. It is concluded that accountability is legally possible and necessary, as long as it is conducted with technical rigor, qualified expert examinations, and consideration of the best interests of the child, reinforcing the importance of institutional improvement to prevent abuses and ensure comprehensive protection.