A aplicabilidade dos danos morais no instituto da alienação parental

Abstract

The present work analyzes the possibility of applying moral damages in cases of parental alienation in order to demonstrate that the alienator must indemnify the victims of this practice financially. It is known that the right to affection is safeguarded for the child, but that this right is sometimes violated, as in the case of parental alienation, which in addition to violating the rights of the child, also violates the rights of the alienated agent. In this context, it is necessary to study how these violated rights can be repaired in the light of the analysis of the bias of civil liability in the Brazilian legal system that allows the application of reparation in case of committing an illegal act. Thus, it is intended to highlight what are the moral damages suffered by the victims of alienation that can be repaired and how they influence their lives, so that it is possible to understand the extent of the damage and the importance of the financial compensation in this context. The relevance of the thematic presence is due to the understanding that the punitive measures that the Judiciary Power has adopted in cases of parental alienation have not been sufficient to repair individuals who suffer from the practice, nor do they put an end to alienating acts. For the study of the problem, bibliographic researches were carried out seeking the understanding of doctrines on the subject in addition to Brazilian legislative research. Finally, seeking an analysis of the reality, the civil appeal No. 70073665267 was analyzed, which allowed us to see how moral damages are applied in cases of parental alienation in practice.