Parental Alienation and the Impossibility of Illicit Evidence

Parental Alienation is a social phenomenon in which one of the parents uses the child as an instrument of revenge against the other parent, in the face of marital breakdown, by implanting false ideas and without taking into account the damage that will be caused. This process is sneaky and takes place in the privacy of homes, which makes it difficult to prove. People often use clandestine recordings and hidden cameras as a means of proof. Obtaining evidence that violates any principle, such as privacy, is forbidden in the legal system. Observing the high incidence of cases of Parental Alienation in society and the prohibition of illicit evidence, the need was felt to verify the admissibility of evidence obtained by illicit means to prove Parental Alienation. To this end, the work studies Fundamental Principles and Rights, Parental Alienation and Evidence Law. The result of the research takes an unexpected turn.

Autorentext
Lawyer, Conciliator at the Federal Court TRF4, Master's student in Law at the PPG-UPF and CAPES/PROSUC scholarship holder, Extension worker at the Labour Desk, member of the research projects: Law and Democracy: complementarity and interdependence in the relationship between law, morality and politics and Power relations and municipal power in the Brazilian state.