Direct Damage and Indirect Damage in Gender Violence in the Context of Domestic Violence and its Effects on Civil Liability

Abstract

Among the various forms of violence perpetrated against women, there are those practiced not directly, but against their sons and daughters or those who are subject to their guardianship, in order to transform them into a true instrument (sic) for causing harm. Such violence, which occurs by substitution, characterize compensable damage in the field of civil liability and cannot be confused with the so-called indirect damage. The aim of this work was to demonstrate that it is a direct damage to women who are victims of gender violence, differentiating it from indirect damage that third parties may suffer due to violence committed against women, as well as direct damage equally suffered by these people. With this, the legitimacy of increasing the damage compensation amount was defended, focusing on the satisfactory function of the damage compensation.