Reparação do dano moral: indústria ou um direito constitucionalmente assegurado?.

Abstract

This paper studies the legal liability, specifically the moral damage, debating its possible industrialization and the reasons for it. Through this research, it is clear that the moral damage is the offense to the intangible heritage of the person, that is, the offense which falls under personal rights, so the damage cause injury to honor, beliefs, inner peace, dignity, in short, that one that offends the dignity of the human being. We also observe that the moral damage now has express provision with the enactment of the Federal Constitution in 1988, in its article 5 sections V and X. And how difficult it is for the judge to value the amount of compensation for damage repair, given the lack of rules establishing objective criteria for this definition. We realize that in recent years there was a significant increase in actions seeking compensation for moral damage, showing that in many cases, these proposed actions do not bring the minimum requirements for the moral damage configuration, making clear the intention of unjust enrichment by requiring significance values, clearly setting the deviation from the purpose of this institute's creation. At the end of the work, we list three factors that may have contributed to the formation of this "industry": Judge subjectivity in assessing the compensation, the legal aid and the Law No. 9.099 / 95 - Law of Special Courts. It was also made the collation of some case law, showing the current understanding of our courts on this issue.