Lei da Alienação Parental e Estatuto da Criança e do Adolescente: a responsabilidade civil do guardião

Abstract

The present study addressed the theme Parental Alienation Law and the Child and Adolescent Statute: the civil liability of the guardian, and aiming to present the concept of civil liability, which is discussed in the doctrine due to the protection afforded to the family coexistence system and the situation of breaking the bond established by parental alienation. The methodology used was bibliographic research, with an inductive approach method and an analytical-descriptive procedure method. Issues related to the historical evolution of family composition, marital dissolution, and child custody were addressed. The analysis included a detailed view of how these dynamics have transformed over time and how they directly impact family structure and the well-being of minors. The consequences of parental alienation for minors were explored, highlighting the psychological and emotional effects that can result from this practice. Practical examples were provided through jurisprudence, demonstrating how the Court of Justice of Rio Grande do Sul has acted in cases involving parental alienation. These examples helped illustrate the various judicial approaches and decisions, showing the application of the law, the guardian's liability, and the protection of children's and adolescents' rights in situations of parental conflict.