Perspective and prospective in civil liability and family law
Main Article Content
Abstract
The paper verifies the boundaries and possibilities of the interaction between torts and family law when inserted in a legal system that takes the person as a valuative center. Indicates the necessary prudence when applying torts in family law, specially to avoid repristinating moralism and family as institutional model, unsuitable to the actual system axiology. Utilizes the deductive method to construct premises and the topic to apply the results presented in juridic situation qualitatively selected. It indicates that the controversies under the compensation paradigm optics must be overruled, going forward to the debate on the confluences between torts and ethics and about the viability of preventive and promotional remedial solutions, being compensatory damages reserved to situation where the person rights violation is clear, as in domestic violence cases.