Cabimento do dano moral nas relações de família

Abstract

Liability for damages is supported by the Brazilian legislation and the duty to repair the damage suffered by the victim, through just compensation, who caused it. However, where the damage stems from a family relationship, there is a high reluctance in Brazilian law in recognizing the moral damages in the complaint that it could trivialize the material damage or even monetize family relations and also on the grounds that there is no specific legislation on the subject. However, the configuration of the moral damage of family law and for this to be shown were selected three types of family relationships that can occur in the moral damage is possible, namely, breaking the engagement, the breakdown of the marriage bond and the paternal-filial abandonment. Therefore, mentions the best theses found in doctrine and analyzed the decisions on the subject made by various courts in the country. Finally, it demonstrates the importance of recognizing the moral damage to family relationships as a way to punish the agent causing the damage, prevent new conduct detrimental is committed to compensate the victim for damages and strengthen the family bond.