STJ Special Court (Brazil) Unanimously Rules: Moral Damages Are Presumed in Domestic Violence Against Women Cases — Prof. Gustavo Tepedino Explains (APn 1.079)
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Civil Law in One Minute — Professor Gustavo Tepedino
Today’s minute is about the understanding issued by the Special Court of the Superior Court of Justice (STJ).
The Special Court of the STJ decided unanimously that moral damages resulting from domestic and family violence against women have an in re ipsa nature, and proof of the violence suffered is sufficient.
In addition, according to the decision, the amount of compensation, although difficult to determine, must fulfill the dual purpose of the award: to punish the unlawful act and to compensate the victim for the damage suffered.
The reporting Justice, Minister Antônio Carlos Ferreira, recalled that the Third Section of the STJ, in the judgment of Theme 983, recognized that, in cases of domestic and family violence against women, it is possible to establish minimum compensation for moral damages in the criminal conviction itself, regardless of specific evidentiary proceedings.
In the case examined, it was understood that the moral damage arises directly from the offensive act, classified as the crime of bodily injury, under Article 129, paragraph 9, of the Brazilian Penal Code.
It was also emphasized that, when determining moral damages, the court must not lose sight of the victim’s situation of vulnerability and economic insufficiency, and must seek the realization of substantive equality between genders, with the definitive overcoming of outdated stereotypes, which unfortunately still persist throughout society, including within the justice system.
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