Alienação Parental: seus reflexos e o princípio do melhor interesse do infante

Abstract

This paper aims at demonstrating how the practice of parental alienation has proved to be a real obstacle to full compliance with the principle of the best interest of the minor, more precisely with respect to the enjoyment of the constitutional right to family life, as well as the harmful consequences of practice for the infant. To achieve this goal, we use the inductive method and the bibliographic review technique, based on the books and legal articles, published scientific research on the subject and the most recent court judgments regarding Law nº 12.318/2010. It is first discussed on the dissolution of the conjugal society and its consequences for the children. We also deal with family power, guardian institute and legally foreseen types. Soon after, we emphasize the relevance of the principle of the best interest of the minor and its reflection on the life and dignity of the infants. We also list national and international provisions that consecrate the rights of the minor and ensure healthy living with family members, especially their parents, even after the dissolution of the conjugal society. Finally, we present the information collected in the scientific and legal circles about parental alienation, its concept, characteristics and harmful effects for infants, while analyzing the way in which our courts have positioned themselves in cases of parental alienation and how Law nº 12.318/2010 has been applied in order to guarantee the effectiveness of the principle of the best interest of the minor, through the restriction of said practice.