CIVIL LIABILITY IN FAVOR OF REFLECTIVE VICTIMS OF DOMESTIC VIOLENCE AGAINST WOMEN

Abstract

Domestic violence affects several families and its culmination, feminicide, causes not only the death of the direct victim, but also leaves a trail of devastating collateral damage. This work aimed to understand the impacts of civil liability in repairing the damage caused to victims of domestic violence against women and the challenges for its implementation in the Brazilian legal system. This was an exploratory and descriptive research, using the technique of literature review of articles, monographs, magazines and books referring to domestic violence and civil liability. Domestic violence against women is legally defined as any action or omission based on gender that causes death, injury, physical, sexual or psychological suffering and moral or property damage. It does not only affect its direct victims in isolation, since children and adolescents, children of these victims, are seriously affected. However, Brazilian legislation does not expressly provide for the possibility of civil liability in favor of reflex victims. It was concluded that the country lacks effective legislation to repair the damage to reflex victims and that these victims, in addition to facing negative impacts on their development, are left helpless due to the lack of legislation that holds the aggressors responsible.