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For more than a year the world survives a pandemic, whose consequences of immeasurable magnitude affect and have affected, for a long time, health (physical and mental), the economy, work, education, international relations, and of course, Justice. In an opinion piece to Executive Digest, Maria Luís Guedes de Carvalho, Associate at the CCA Litigation Department, analyses the lack of attention and dedication that has been placed in what is one of the pillars of society, Justice.
For Maria Luís Guedes de Carvalho, "the application of the equity criteria by Courts should take into account not only the circumstances of the specific case, as is usual, but should also consider the practice of the unlawful act in a period of a global health crisis, which should be sanctioned when it causes moral damage to people in a situation of physical or mental fragility as a result of the COVID-19 pandemic".
Moral damages resulting from unlawful acts caused by the pandemic "must be compensated for amounts higher than those usually practiced by Portuguese courts, since equity cannot be stripped of the scope of the specific case, and the truth is that the Pandemic is an abnormal and atypical situation, which is unpredictable and with an impact yet to be calculated (...)", considers the CCA Litigation Associate.
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- Executive Digest