O dano moral e seus critérios de quantificação

Abstract

The process of quantifying moral damages is one of the most complex tasks currently related to the topic. There is no legal norm that disciplines which criteria should be used and this office was left to the legal scholars and magistrates in their decisions. In order to do it well, it is necessary to understand the moral damage concept. The objective of this work is to carry out a study presenting the criteria most used by the doctrine and by the judges, analyzing the adequacy or not of its use in the Brazilian legal system and why. For this, it makes a brief exposition about what is civil liability and what its purposes are, passing through a conceptualization of the moral damage institute, its reparability and its differentiation to the mere annoyance. Finally, it makes an observation of how it has been applied in decisions of the Superior Court of Justice and the Court of Justice of Rio Grande do Norte. It concludes that, although great evolution has been achieved on the subject over time, there is still room for improvement, especially with regard to the pacification of the concept of moral damage as an injury to someone's personality rights, as well as abandonment from the argument of mere annoyance, and about the study of parameters, with their enumeration and debates about their use in order to extinguish inadequate criteria, such as the prevention of unjust enrichment. The research was carried out in a qualitative, exploratory way, with bibliographical research, and it is proposed to be applied. The deductive method was used, but also the dialectical one, insofar as critical analyzes are carried out on the topics discussed.