Ofensas em vara de Família devem ser ponderadas por juiz
Pela própria dinâmica de qualquer vara de Família, com ações permeadas por ressentimentos entre as partes, cabe ao magistrado relevar ofensas ditas em juízo. Essa foi a tese do juiz Pedro Paulo Maillet Preuss, da 1ª Vara do Juizado Especial Cível do Tatuapé (SP), ao negar pedido de dano moral apresentado por uma mulher contra o ex-marido e o advogado dele. A autora alegava ter sido ofendida durante audiência em uma vara de Família.
“Cabe ao juiz mensurar de maneira ponderada os excessos inerentes em tais situações, mormente no ódio retrospectivo daqueles que outrora se amaram. Extrai-se daí inexistir qualquer possibilidade de se erigir à indenizabilidade moral as circunstâncias dos autos, seja a narrada na vestibular, seja a narrada no pedido contraposto, ambos merecendo o mesmo destino”, disse Preuss.
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