Alienação parental e seus efeitos jurídicos

Abstract

When the parental alienation happens, there is the interference of the appropriate psychological formation of the minor preventing the relationship of affection of the minor with the other parent and his family. This situation destroys the psychic side of both the child and the parent. The act of alienation is considered an act of destruction of the child's psychological development causing various sequelae in both the minor and the alienated parent. The infraconstitutional legislation, especially the Child and Adolescent Statute, Law no. 8.069 / 1990, determines that no child may be subjected to any form of negligence, violence or cruelty. The general objective of this research is to highlight about the legal effects of parental alienation syndrome. The methodology applied in this study can be classified as qualitative bibliographic and exploratory research, where several archives were searched on the internet in the databases: Lilacs, Periodicals Capes and Scielo, on which the theory approached in the research was based. However, it was noted that the practice of acts of parental alienation, in addition to facing fundamental rights of children and adolescents, also means violation of the exercise of family power, as established in art. 1,634, I, of the CC / 2002. Therefore, it is noteworthy that parental alienation is a crime.