O dano existencial decorrente da violência psicológica no âmbito doméstico e familiar contra a mulher: uma análise dos julgados junto ao Tribunal de Justiça do Estado do Pará

Abstract

The present research was carried out with the objective of investigating how the Court of Justice of the State of Pará interprets and applies the non-patrimonial sheet damages resulting from cases of domestic and family psychological violence and what are the criteria and grounds used to quantify these damages. To this end, a study was carried out on the damage and the need to provide conceptual autonomy to the existential extra-patrimonial damage, which is understood to focus on cases of domestic and family psychological violence so that, from then on, it is possible to enable its treatment. adequate legal system, in order to conceptualize and quantify these damages based on coherent criteria, in order to guarantee protection and protection of the rights of these victims and grant them an effective fight against violence and due access to justice. For this, it was necessary, from the outset, to identify the origin and the social historical construction that provides elements to the existence of gender inequality and that results in a sexist institutional and social system that oppresses and excludes women, these, understood as any and all woman who identifies and recognizes herself as such, including them in their different individualities, subjectivities and intersectionalities. In this scenario, in view of the various forms of violence perpetrated against women throughout history, this study focused specifically on the psychological violence suffered by them, in the domestic and family context, as described in item II of article 7 of the Maria da Penha Law, perpetrated by partners or former affective partners who practice a harmful act that culminates in an existential damage, which, for its characterization and quantification, must take into account not only its historical aspect, but also the consequences harmful to the life, life project, dignity and health of these victims. In this way, through the deductive method, based on theoretical framework and legal norms, a research was carried out on the website of the Court of Justice of Pará and Jusbrasil, in addition, and from the qualitative analysis of the identified decisions, it was evidenced that the aforementioned court has not used the concepts and methods suitable for the classification, conceptualization and quantification of the off-balance sheet damage arising from domestic and family psychological violence perpetrated against women, resulting in a failure to provide effective compensation, prevention and punishment to the victim , moving away from fulfilling the functions of civil responsibility and, consequently, the guardianship and protection of women's rights, compromising their dignity and access to justice.