Intersecção do direito civil e penal: crime no contexto de alienação parental

Abstract

In the present work, the theme to be explored consisted of the study of parental alienation fostered through false criminal attribution in the face of the other parent, or any other member of the family who suffers from this accusation. In this sense, it addressed the intersection of civil and criminal law when a crime occurs that affects the relationship between parents and children and results in the commitment of parental alienation by one of the parents. The problem of parental alienation becomes worrying when alienators use the crimes of accusations provided for in articles 138 and 339 of the Penal Code - slander and slanderous denunciation - as a means for the practice of parental alienation, where it would purposely lead the other parent to a position of criminal. Thus, the questioning of the study consisted of verifying which legal consequences are imposed on the alienator, in the civil sphere and if there is a probability of successive punishment in the criminal sphere of the person who used the false criminal imputation in the context of alienation. The general objective was to analyze and demonstrate that false accusations bring legal consequences and, specifically, to know in family law when the practice of parental alienation and the syndrome that results from it occurs, to conceptualize and classify the crimes of slander and slanderous denunciation and the distinctions proceedings concerning the two crimes. The deductive method was used in the elaboration of the work, as well as the bibliographical research of a qualitative nature, it reviewed doctrinal works of several authors, made available in books, articles on the Google Scholar platform, where it identified, located, compiled and recorded the most important information and ideas. , as well as analyzing the national legislation, which teach on the subject.