A quantificação do dano moral em casos de alienação parental

Abstract

This work seeks to analyze which are the criteria used by judges to quantify the value of moral damage in cases of Parental Alienation. To respond to this problem, the analysis of bibliographical research was adopted, based on available sources, books, theses, scientific articles, in addition to analyzing in a jurisprudential, doctrinal and normative way the practice of parental alienation and the quantification in these cases. The general hypothesis was that moral damage does not have economic repercussions capable of being monetarily appreciated, making it impossible to restore the status quo ante, as with property damage. In this line, some scholars, in an attempt to conceptualize it, came to understand that moral damage would be non-patrimonial damage, such as, for example, embarrassment, pain, suffering, discomfort or humiliation caused to the victim, through the commission of an act considered illicit. Compensation is measured by the extent of the value, and there is no objective criterion, however, jurisprudence has been creating objective criteria, such as: the degree of guilt, the socioeconomic level of the party, experience. However, such an understanding depends on the common sense of each judge, who should discourage the offender, that is, quantify the damage so that the perpetrator does not commit the wrongful act again. In the case of parental alienation, the illicit attitude committed causes damage to children and adolescents victims of the fact, as well as the alienated to the alienated, which can be both the parent and another family member. It is important to emphasize that such an attitude influences the psychological development of the child, generating internal conflicts, interfering with the natural growth of the being in formation. The alienation caused affects the child's daily life, directly influencing their personal formation, causing disorders such as: split personality, feelings of guilt, depression, anxiety, identity disorders, isolation, insecurity, learning difficulties, among others. The work was divided into four chapters, where the first dealt with parental alienation, the second with civil liability, the third with moral damage and the fourth with regard to the quantification of moral damage. This research concluded that it is indeed possible to compensate for moral damages in cases of parental alienation and that the quantification is made according to the degree of guilt, the socioeconomic level of the party, for that, it is necessary that the damage remains configured, proving the practice of parental alienation. [resumo fornecido pelo autor]