A responsabilidade civil do condenado por feminicídio na reparação dos danos causados aos filhos da vítima.

Abstract

The present work examines the civil liability of the convicted of femicide in the face of the damage caused to the victim's children, with the objective of analyzing the legal foundations, the categories of recognizable damage and the procedural mechanisms available for the realization of this protection, especially with regard to the integration between the criminal and civil spheres and the practical challenges faced for the reparation to be effective. The central problem of this research is the following: what are the legal grounds, the types of damages and the procedural instruments available in the Brazilian legal system for the civil reparation of the children of victims of femicide? The method of approach is deductive, with qualitative research of bibliographic and jurisprudential nature. The study of the theme is relevant because femicide produces devastating effects not only on the direct victim, but also on her children, who suffer presumed moral damage, material damage due to the suppression of maternal support and existential damage linked to the irreversible rupture of their life project. Brazilian jurisprudence has been recognizing that the perpetrator of the crime is largely responsible for all these losses. However, the practical effectiveness of reparation still depends on procedural improvements, the coordinated action of the Public Prosecutor's Office and the Public Defender's Office, and the creation of public policies and collective mechanisms to protect orphans of gender violence.