Alienação parental: um diálogo entre direito de família e responsabilidade civil, sob o prima da lei nº. 12.318/10

Abstract

This work deals with civil liability arising from acts of parental alienation present in divorces, in order to extract the most effective measures for the kinship repair, which promotes a dialogue between Family Law and the Law of Obligations, in the light of Parental Alienation Law nº. 12.318/10. For this, the deductive method was used, starting from the basic premise that divorce, by altering the family configuration, is a lived context for the incorporation of acts of parental alienation, arriving at the specific premise that resocialization do the alienator, as a member of the family institute, is an effective means of promoting the care and protection of children and adolescent. In the end, the research apprehends the power that the Brazilian judicial system has to mitigate the psychological, biological and sociological damages resulting from marital separation, in the lives of the children of this union, thus demonstrating a more humane and pedagogical form of State intervention in the family sphere.