In Brazilian law, it is essential to distinguish between two legal concepts that, although both may involve financial payments, have entirely different legal natures, purposes, and prerequisites: alimony and compensation for infraction. These two mechanisms apply to different situations and have objectives that reflect various aspects of the legal relationships between the parties involved.
This article aims to clarify the conceptual and practical differences between alimony and compensation for infraction, highlighting the main legal aspects that govern these two concepts.
Alimony
Alimony is a legal duty to provide material assistance to someone who cannot support themselves. It generally arises within family relationships, being most common in the context of separations, divorces, and dissolutions of stable unions, as well as in parent-child relationships. It is regulated by the Civil Code (Law No. 10.406/2002) and the Alimony Law (Law No. 5.478/1968).
Alimony is intended to ensure the subsistence of the person in need, and it may cover expenses related to:
Food;
Education;
Health;
Clothing;
Housing; and
Leisure.
The basis of alimony lies in the principle of family solidarity, which mandates that family members must support those who, due to incapacity, cannot support themselves. It is a right primarily guaranteed to children, adolescents, spouses or ex-spouses, and even relatives in a direct or collateral line, depending on the circumstances.
The amount of alimony is determined according to the principle of proportionality, taking into account the needs of the recipient and the payer’s financial ability, always aiming to maintain a decent standard of living for the beneficiary. Therefore, alimony is a continuous and lasting obligation, as long as the necessity and the financial capability of the parties remain.
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Compensation for Infraction
Compensation for infraction, on the other hand, has a completely different nature. It arises as a consequence of harm caused to another party, either by an unlawful act (e.g., traffic accident, defamation, or violation of rights) or by the breach of contractual or legal obligations. The objective of compensation is to compensate the victim for the harm suffered and to restore them to the state prior to the damaging event.
Compensation is provided for under Articles 927 and following of the Civil Code, which establishes that "one who, by an unlawful act (Articles 186 and 187), causes harm to another is obliged to repair it."
Unlike alimony, which has a continuous assistance character, compensation aims to offset a specific loss, which may be material (property damage) or moral.
The main types of compensable damage are:
Material damage: economic loss, such as property loss, medical expenses, vehicle repair, or loss of profits.
Moral damage: compensation for suffering, pain, humiliation, or psychological distress caused to the victim.
Compensation for infraction can be established either through judicial proceedings or extrajudicial agreements, always aiming to restore the balance disrupted by the injurious act. The amount of compensation is calculated based on the extent of the harm, generally without periodic payments as in alimony, except in cases where the damage has lasting effects, such as permanent disability resulting from an accident.
Main Differences
Legal Nature:
Alimony arises from the duty of family solidarity, being an obligation of assistance.
Compensation for infraction results from the need to repair damages caused by an unlawful act or breach of duties.
Purpose:
Alimony aims to support the beneficiary’s subsistence and well-being, ensuring them an adequate standard of living.
Compensation for infraction seeks to offset or repair a loss suffered by the victim of a harmful act, restoring them to their previous condition.
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Determination Criteria:
Alimony is set based on the recipient's need and the payer’s capacity, following the need-capacity criteria.
Compensation for infraction is calculated based on the extent of the damage suffered by the victim, whether material or moral.
Periodicity:
Alimony is generally continuous and periodic until the conditions of necessity and capacity end.
Compensation for infraction is usually a one-time payment, although in exceptional cases it may be paid in installments if the damage has ongoing effects.
Origin of the Obligation:
Alimony arises from family, marital, or parental relationships.
Compensation for infraction arises from an unlawful act or the breach of contractual or legal obligations.
Conclusion
The distinction between alimony and compensation for infraction is clear regarding the nature and function of each concept. While alimony is based on the duty of mutual assistance among family members and aims to provide for those who cannot support themselves, compensation for infraction is a reparative mechanism intended to offset losses resulting from damages caused by unlawful acts or contractual breaches.
Both concepts are of great importance in civil law, but they operate in different contexts and carry their own legal implications. Understanding the differences between them is essential for the appropriate application of the law in situations involving an obligation to pay another person, whether as assistance or as compensation for harm caused.