Da admissibilidade da responsabilidade civil decorrente da alienação parental no ordenamento jurídico moçambicano

Abstract

This paper addresses the following topic: The Possibility of Civil Liability in Cases of Parental Alienation. Its main purpose is to explain the concept of parental alienation, its main characteristics, and the resulting harms, which have a direct impact on the life of the child and the alienated parent. Parental alienation is a phenomenon that occurs in Mozambican society and is particularly prevalent in the context of the dissolution of family relationships. This involves the rupture of the legally binding relationship between parents, which, to a certain extent, significantly affects their coexistence after this breakup. Hence, the need to establish a point of intersection between the Civil Liability and Family Law regimes, primarily to hold the alienating parent accountable for the harm caused to the alienated parent, seeking to understand whether civil liability represents an effective instrument for prohibiting and eliminating acts of parental alienation. For this paper, we proposed to conduct our study in four chapters: the first chapter dealing with family legal relationships; the second chapter addresses the general approach to Parental Alienation; the third addresses the civil liability regime; and finally, the fourth chapter addresses the possibility of civil liability in cases of Parental Alienation. Therefore, there is a need to implement a legal framework that specifically regulates this matter and includes effective means to punish cases of Parental Alienation.