The partner alleged that the defendant omitted the fact that he was a carrier of the virus during their common-law marriage in Papanduva, in northern Santa Catarina.
A court in Santa Catarina has ordered a man to pay R$ 60,000 in moral damages after transmitting the HIV virus to his partner . The victim alleged that the defendant had not mentioned the fact that he was HIV-positive while they were living together in a stable relationship.
The decision was decreed by the Single Court of the district of Papanduva, north of the state of Santa Catarina, and released this Tuesday (19).
According to the document, the relationship began virtually in June 2021, and they met in person in September of the same year.
However, the woman presented laboratory tests for anti-HIV-1 and HIV-2 antibodies, performed in August 2021, with a “non-reactive” result, ruling out the possibility that the infection had been contracted previously.
A new test conducted in 2022 resulted in a positive result for the HIV virus.
According to the medical expert report presented in the case, the man was aware of his condition since at least 2015. However, as a defense argument, he claimed that she was aware of his serological status and argued that no wrongdoing had occurred .
The decision, however, highlighted that the defense’s claim was not accompanied by evidence.
The documents presented are receipts for medications consumed in 2023 and 2024, a period subsequent to the positive diagnosis, and do not prove the pre-existing illness .
Furthermore, according to the ruling, even if there was no intention to transmit the virus, the defendant assumed the risk of passing on the disease and acted negligently by having unprotected sex and without informing his partner about his serological status.
The compensation for moral damages suffered is for the aftereffects of the illness, and the social stigma caused by the disease constitutes a serious offense to the physical and psychological integrity of the plaintiff , who will have to live permanently with an incurable disease.
Therefore, compensation for moral damages was set at R$ 60,000. The Court of Justice also informed that the decision is subject to appeal.
