Maria Broca, Maria Chalanera (Isabel Teixeira) and expelled from her home by Tenorio (Murilo Benicio), lives alone as she wanders the rivers of the Pantanal alongside Eugenio (Almere Sater). The character, advised by her daughter Jutta (Julia Dalvia) to pursue her rights, prefers to forget about the past and start over in the hut.
What would happen to Maria if she followed her daughter’s advice to pursue her divorce rights with Tenório? iG Gente spoke to lawyers who specialize in family law to understand what legal actions Maria Broca could actually take and what support she would have from justice as a woman who was evicted from her home for infidelity.
According to lawyer Danielle Mora, when there is no lawsuit in a divorce, where the spouses agree to separate, the rights of each are analyzed by the judge. In the case of Maria and Tenorio, the two only separated the bodies, when not through the courts.
The lawyer explains that in the case of Maria, who is economically dependent on Tenório, as a rule, the person is entitled to alimony, even if she is the mother of a person over the age of 18. “Thus, sustenance and livelihood are guaranteed for a certain period, so that he can return to the labor market. The value of the alimony must be compatible with the standard of living that we see in the relationship,” he explains.
Lisa Santos, family law attorney at Schiefler Advocacia, explains that Gotha can also receive alimony if you continue to study at a technical or higher education level. Attorney Fabicio Bosocco of the law firm Posocco & Advogados Associados recalls that although Maria worked as a housewife, she did not have a full right to alimony.
“If she worked because her husband did not allow her to work abroad, and according to her age, he should actually pay her a pension. However, jurisprudence states that this amount does not refer to a life-long pension, but between 12 to 24 months.”
Maria is also entitled to the Tenório . assets
For Rafael Gonçalves, specialist in family law and inheritance and chair of the Family Law Committee at the 41st session of the OAB / MG, Maria will be entitled to the assets of the Tenório. “Depending on the system chosen, such as the partial sharing of goods, it will be 50% for each party. If it is comprehensive of assets, it is the assets before marriage and those acquired, at 50% each,” he says.
Although Tenório has the illegally acquired goods, since he conquered the farmer and the money from the land grab, Raphael reiterates that the origin of the goods is not considered. “If from the illicit funds Tenório acquires assets in his name, depending on the agreed asset regime, he will have to split them at the rate of 50% for each party,” he analyzes.
Since Tenório also has a second family, this will be affected by the divorce from Maria, more so because they were aware of the marriage. “If it is established that the second family was aware of the marriage to Maria Broca, they would not be able to request the sharing of the inheritance that belongs exclusively to Tenorio,” notes Lisa.
Treason does not nullify rights
In “Pantanal”, Tenório and Maria cheat in their marriage. From a current legal point of view, infidelity does not affect the divorce process, let alone the division of assets. But depending on the judge, Maria would have to pay moral damages to her husband – and Tenório would have to do the same.
Raphael explains: “Depending on the specific case, some courts understand that infidelity involves compensation for moral damages to the betrayed partner, after analyzing the exposure and embarrassment suffered.”
In the case of Tenorio and Maria, the judge could win the case of Isabel Teixeira’s character, because she went through disturbing situations in which she was evicted from the house. “It is only possible to compensate for moral damages when the facts involve malicious attitudes of humiliation or ridicule of the victim,” says Lisa.
Counsel points out that treason in and of itself is not a crime of honor or dignity that can result in civil compensation. Therefore, given the status of the characters, Tenório will not be entitled to compensation from Maria Bruaca.
With a divorce, Zulika can also file an application for recognition of a stable relationship with the farmer. “Thus, she can claim all the rights, because a stable association is equivalent to marriage. However, the participation of any other companion rests solely on Tenório’s assets,” analyzes Rafael.
Unsupported eviction will result in ‘compensation food’.
If Maria is pursuing a lawyer, she can file two requests in court. Laísa indicates that one refers to alimony and one refers to compensatory alimony. He points out that “compensatory food is used as one of the ways of compensating for the economic and financial imbalance between the divorced, regardless of the property system chosen.”
And to go to court without financial assistance, Bruaca will get help from the Office of the Public Defender. “She can ask for help by making an appointment, to explain the situation, and to provide the necessary documents, so that the attorney general, then, will promote the divorce case with all the requests that apply to the case,” notes Daniela.
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