COMPENSATION FOR MORAL DAMAGE RESULTING FROM DOMESTIC VIOLENCE AGAINST WOMEN

Abstract

The present work seeks to analyze the possibility of applying the duty of compensation for moral damage resulting from the practice of domestic and family violence. The aim is to analyze what characterizes moral damage and what are the requirements for proof in the case of domestic violence, as well as the social and private effects expected with the application of this penalty model. To do this, we used bibliographical research on judgments, legislation and scientific publications on the topic. In the end, it was observed that there was the possibility of applying compensation for moral damage even in criminal proceedings, but the low number of determinations of such a penalty by judges, it was also noted that the STJ considers that in cases of family domestic violence it is characterized moral damage in res ipsa, which aims to discourage the aggressor and society from committing this crime and repair the victim for the damages suffered.