Reflections on moral damage in cases of domestic violence against women from the repetitive special appeal n. 1675874 / MS

Abstract

This article addresses the contribution of the Superior Court of Justice's judgment in the Special Repetitive Appeal n. 1675874 / MS to the institute of moral damages in the specific context of domestic violence, as well as the interface of the Maria da Penha Law (Law 11.340 / 06) with the category of damages in civil  liability, explaining the way in which the criminal indemnity amount as compensation for moral damages in cases of domestic violence. In addition, it gives an overview of the reasons for deciding on the Special
Repetitive Appeal n. 1675874 / MS. Finally, in view of the content of the aforementioned decision, the research reflects on the impact of this decision on: a) legal goods at stake in cases of domestic violence, capable of promoting the correct identification of moral damages;
b) the criteria for quantifying the amount of compensation for moral damages; c) the functions of civil liability; d) to the (need) need of damage-injury to establish the duty to indemnify.