A possibilidade de reparação do dano moral diante da configuração do mero aborrecimento como entendimento da jurisprudência majoritária.

Abstract

The subject of the current work is the moral damages reparation possibility against the configuration of mere annoyance as an understanding of the majority jurisprudence. Therefore, the study of civil responsibility institute, its origin and its assumptions become necessary. Subsequently, with the moral damages dealing, it can be observed that the Code of Hamurabi was the initial mark of the institute, which has been evolving ever since. It has been introduced on Brazil by the Federal Constitution, enshrined in its fifth article, on V and X items. It occurs that, with the institute’s evolution, a huge number of jurisprudences have emerged on the subject, among them the notorious "mere annoyance", which justifies the non-granting of compensation based on the fact that only predictable and ordinary social life facts were configured, even if they were undesirable. This research points to the possibility of moral damages reparation, even if minimal, against the configuration of mere annoyance. This way, the correct application of mere annoyance is questioned. The present work points out as correct the indemnification of moral damages, human dignity and personality rights violators, even if such damages are minimal. Also it is demonstrated that the use of mere annoyance drastically damages human dignity and personality rights. Based on this premise, the research aims to analyze the compesation possbility for the moral damage suffered against the mere annoyance configuration, in order to identify the real application of the indemnification. With the pointed facts, it is necessary to carefully study each related points, to a better objectives’ understanding.