STJ extends deadline for victims of abuse to request compensation in court | Brazil

The Superior Court of Justice (STJ) decided to change the statute of limitations for victims of sexual abuse in childhood and adolescence to request compensation for psychological damage.

According to the decision of the Fourth Panel of the STJ, the period begins to run from the moment the victim becomes aware of the damage, and not three years after turning 18. The matter was judged on Tuesday (23).

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The issue was decided in the case of a woman who filed a lawsuit for moral and material damages against her stepfather. She claimed to have been raped from the age of 11 to 14, but only filed a claim for compensation at the age of 34, when she started having panic attacks. After starting therapy sessions, a psychological report confirmed that the crises were caused by memories of abuse.

In the first instance, the São Paulo Court of Justice rejected the action, understanding that the deadline for requesting compensation is three years after the victim reaches the age of majority.

When analyzing the victim’s appeal, the STJ understood that the three-year statute of limitations cannot be required from victims of abuse. For the rapporteur, Minister Antonio Carlos Ferreira, psychological damage can vary throughout life.

“Considering that the statute of limitations ends three years after the age of majority is not sufficient to protect the victim’s rights, making it essential to analyze the specific context to determine the beginning of the statute of limitations in situations of sexual abuse,” stated the minister.

The understanding was unanimously followed.