Civil liability arising from parental alienation

an analysis of the possibility of compensation for moral damages

Abstract

This study analyzed civil liability arising from parental alienation, focusing on the possibility of compensation for moral damages when alienating conduct violates family coexistence, compromises emotional bonds, and affects the personality rights of the child, adolescent, or alienated parent. The research was based on the problem of whether the violation of the fundamental right to family coexistence, associated with emotional harm, is sufficient to characterize a compensable unlawful act. The general objective was to examine the extent to which parental alienation may give rise to civil reparation, considering the requirements of unlawful conduct, damage, and causal link. For this purpose, qualitative, bibliographic, and documentary research was carried out, based on the analysis of Brazilian legislation, specialized legal literature, and judicial decisions on the subject. The study showed that compensation for moral damages is possible in serious and duly proven situations, provided that the alienating conduct goes beyond ordinary family conflicts and causes legally relevant harm. It was also found that children and adolescents must be recognized as central victims of parental alienation, requiring legal responses that combine full protection, technical evidence, specialized hearing, and interdisciplinary action. The study concluded that civil liability may perform a reparatory, preventive, and educational function, as long as it is applied with prudence, proportionality, and reliable evidentiary support, avoiding both the impunity of alienating conduct and the abusive use of the accusation in family disputes.