SOARES, T. G .S.; SOARES, Tayrine Girlane Siqueira.
Résumé:
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.
