Dano moral: inserção de critérios objetivos como auxílio na valoração do quantum indenizatório.

Abstract

The moral damage is real and can be deduced from any pain or moral discomfort that is relevant, which achieves the natural or legal person on account of the conduct of an agent. It is also indemnified and, although the money does not pay or annihilate the pain, gives the victim feel constructive sensations, positive and even enjoyable, diametrically opposed to those who built the damage in an attempt to rebalance the victim's psychological state. Indeed, the theme of the monograph work presented here is: "Insertion of objective criteria as a help in assessing the indemnity quantum." The central aim of the research is to analyze the absence of legal requirements for determining the indemnity quantum in the actions for moral damages, arguing the application of objective criteria added to subjective to guide the magistrate at the time of measuring the compensation. To do so, given the approach and procedure method, it was developed a mainly theoretical research through literature research, making up solid arguments from detailed studies on specialized writings on the subject above. Having yet, at times, made use of legal-exegetical method to study the legislation that serves as a footstool to the subject and, finally, but with a singular importance, the developing of the deductive method, producing and expanding the study of the topic, helping contemporary and future generations the best understanding of what today is likely to present discussions. The work was divided into three chapters: the first dealing with the historical evolution of civil liability, the second verses about the constitutional principles that guide the compensation for indemnification together with the basic factors that surround it, the third addressing the issue of homeland jurisprudence toward the effectiveness of its applicability, specifically in moral damage. Research shows that the compensation should be paid in cash and in just one time, with the condemnation effects incident only from the date of the condemnatory sentence and that condemnation in moral damages aimed at two purposes: the compensatory, with the value that is meant just to the mere compensation of moral and preventive damage, active in the depths of the agent, which correlates to the American view of punitive damages, which constitutes true financial penalty to inhibit further harmful acts by the agent. It was concluded that the Brazilian legal system should establish objective methods for determining the indemnity amount by making use of tariffs, assessment of evidence and forensic analylisi, emanating from the constitutionally guaranteed principles and legal grounds, establishing a stronger juridical security and a real stage of full citizen rights.