Dano existencial decorrente de violência doméstica

Abstract

This monograph aims to address the concept of existential damage, which, in short, deals with injuries to the intangible heritage that generates damage to the life project and the victim's routine. However, the work aims to further analyze these existential injuries in cases of violence against women in a family environment. With the aim of verifying whether it is possible, to some extent, to recompose by means of the existential damage of the damages generated by domestic violence. To this end, the work will focus on the evolution of soul damage in Brazilian legislation, as well as on the species of immaterial damage in the national order. Later on, the study will analyze in detail the institute of existential damage to investigate its roots in Italian doctrine in order to identify its content, as well as to understand the evolution and the legal foundations of existential damage in Brazilian law. And, finally, the study will conceptualize the modalities of domestic violence listed in the Maria da Penha Law and, from this, it will list examples of cases of domestic violence of great repercussion reported in the media, as well as in judgments, in which it is intended to demonstrate the occurrence from injuries to existential order due to domestic violence. The methodology used was the scientific method, in terms of its approach, to a qualitative research. Still, as for the scientific method, the research reveals itself as a basic, descriptive and inductive study, since it has the intention, a priori, to generate new knowledge about the existential damage, from the particular to the general, from the description of facts and phenomena certain reality. In addition, regarding the research method, as for its procedure, the monograph will have a bibliographic character. Once this scope was reached, it was possible to verify that civil liability as an instrument of protection based on open clauses must reject any offense against any right of the personality. And, the recognition of existential damage as a kind of soul damage is shown, therefore, as an increase in the integral protection network of human beings. Therefore, the application of existential damage in cases of violence against women, increases protection for the victim of domestic violence in view of the situation of violations of their fundamental rights and personality.