Family and women’s law experts say it is possible, but Vivianne Ferreira, professor of the FGV-SP, comments on Alexandre Correa’s action against the presenter: “It is a clear situation of procedural harassment”
Alessandro Correa sued Ana Hickmann and the Record TV for moral damages in a parental alienation action. This Tuesday, 6, the Estadao had access to the document, which cites the interview that the presenter gave to the program Spectacular Sunday. The broadcaster aired the article after the artist accused the businessman of domestic violence and filed a complaint against him.
The prosecution alleges that terms such as “rascal”, used by Ana Hickmann in the interview, promoted parental alienation towards the former couple’s nine-year-old son, Alezinho. However, one detail of the document attracts attention: it is the child who seems to act against his own mother. This raises the question: Can children sue their parents?
This was explained by lawyer Vivianne Ferreira, specialist in family law and lecturer at the Fundação Getúlio Vargas (FGV-SP). Estadao that children (when they are still children) can, yes, sue their parents, but in certain situations.
“Children can sue their parents. This happens, for example, in maintenance actions. But, in these situations, it is the child’s interest that must be satisfied. Using the child or adolescent – and the legal powers of procedural representation – without there being a direct interest of the child to be protected could be an improper use of family power”, explains the teacher.
Lawyer Ana Paula Gimenez, a specialist in family and women’s law, says this type of action is not common. She also said this to obtain compensation for moral damages parental alienationthis type of crime must be proven.
Ana Paula also commented on a jurisprudence that allows for free justice in the trial. “In a maintenance action, the holder of the action to request maintenance is the child, represented by the other parent. Therefore there is jurisprudence that admits free justice by stating that the child does not have mechanisms to finance an action.”
Alexandre even asked for Ana’s arrest for parental alienation after the presenter did not hand over the couple’s son to the entrepreneur between January 3 and 10 to spend the holidays with him, as established by the Court. On the 9th, she handed over Alezinho to her ex-husband: according to the artist’s team, the lawyers of both parties changed the dates established in the court decision for the period between January 9th and 17th.
So far it has not been determined whether or not Ana Hickmann committed parental alienation. OR The Public Prosecutor even refused Alezinho’s request for a search and seizure, created by Aelxandre, in which he accused the presenter of parental alienation. To determine whether the accused committed the crime it is necessary for him to carry out a series of investigations.
“Procedural harassment”
According to lawyer Vivianne Ferreira, the case opened by Alexandre Correa “is a clear situation of procedural harassment and violence against the mother”. She explained that, in this case, there is a mix of roles involving the child in marital disputes and parenting issues.
“Minors don’t have to deal with divorce issues; they should be spared as they are in the personality development stage, but that’s not what happens,” he added.
The professor said that the judiciary is often used to perpetuate domestic violence, especially in cases of granting protection measures in favor of women. “Physical, psychological and patrimonial violence, curbed by the protection measure, converges in procedural violence”, he stated.
The lawyer Maria Helena Stanislau Affonso Parise, specialist in family law, by Parise Stanislau Affonso Advogados, however, told the Estadao that Alexandre Correa does not abuse judicial power. It is confirmed, however, that Family Power “must aim to protect, above all, the interests of the child and not of those who represent him, honoring the Constitutional Principle of Responsible Parenting”.
As reported by the newspaper in early February, Ana Hickmann filed a new complaint with the Prosecutor’s Office against Alexandre, accusing him of having subjected the ex-couple’s son to “embarrassment and embarrassment.”
Ana Hickmann also spoke out after it was revealed she had been reported by her son. In a note sent to Estadao on Monday 5th, the artist’s team stated that “Alexandre is a defendant in a domestic violence case and engages in immoral behavior to try to harm and discredit Ana Hickmann.” The text also rejects accusations of parental alienation. See the full note below.
What precautions should be taken in these processes?
Lawyer Maria Helena Stanislau Affonso Parise said that great care must be taken in trials involving children. “A lot of caution and urgency, given that the minor, represented and listened to by someone else’s speech, can suffer emotional, psychological and financial consequences and sequelae for his entire life,” she said.
It also explains that the lawyer, judge and representative of the Prosecutor’s Office must pay particular attention to the parties involved to prevent minors from being punished for the actions of their parents.
“Anyone bringing legal action on behalf of the child against the mother must think carefully about her statements and the possible consequences, ‘seen and unseen’, as some may haunt the child for his entire life,” he concluded.
Note from Ana Hickmann from Monday 5 February
“In light of the latest information published by the media, we inform:
Alexandre is a defendant in a domestic violence case and engages in immoral conduct to try to harm and discredit Ana Hickmann. There was never any parental alienation on her part, given that the judiciary denied all previous attempts by her ex-husband. In the face of all the accusations and violence, Ana protects and spares her son from accessing the embarrassing content he is subjected to and regrets the way Alexandre Correa uses and manipulates the child for his own benefit.”
Source: Terra
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