SOUSA, H. A.; http://lattes.cnpq.br/0410543671451564; SOUSA, Helio Antonio de.
Resumo:
The human person's dignity has been objective of the constant consideration of the
modern right. With the coming of the Brazilian Constitution of 1988, the rights of the
personality, that are linked, perpetual and intrinsic to the person, were high to the
constitutional category. In spite of everything that, is still precarious the legislation
and the jurisprudence on the theme, in what she concerns the determination of the
quantitative of the repair/compensation for the damage affection to the rights of the
personality. The State has the duty of guaranteeing yours it tutors. With the concept
of civil responsibility, implemented with your presuppositions characteristics of the
obligation of compensating, brought by our codex, it appears of way positive to must
regulated of repairing the caused damage. The victim of the moral damage more it
cannot be without a lenitive for your suffering caused by act of third. It appears in the
juridical world the moral damage and with him the difficulties of the quantification of
the repair, for her not to shimmer a pretius doloris, incalculable in your duramen.
Several methods and criteria are more or less protected as means safe in the
prediction of the execution of the justice to the morally distressed. Mathematical
criteria, table control, will of the judge, with your parameters to beacon: the extension
of the damage; the conditions socioeconomic of the provocative of the damage and
of the victim and the so discussed punitive damages. The doctrine and the
jurisprudence is not still shown totally passive on the ideal form for the determination
of the value compensative. It is precisely taking into account that whole discussion
and considering the pertinent practical cases to the theme that the present work is
organized, tends for general objective: To analyze, in a systematized way, the
problem of the quantification of the repair for the moral damage, for, to the end
appear the method that is configured to appear safer for the measurement of the
quantitative of the repair in case of damage exclusively moral, that should be used or
consolidated by our judiciary one. They were used in the development of the present
work the bibliographical research, the direct research in the legislation and the
research in the jurisprudence. With preponderance of the first modality. Inside of a
systematic logic, she grows this research meditating in the first chapter on the rights
of the personality and your kindred concepts. The civil responsibility, with your
presuppositions are treated in the second chapter. It's brings the third the part that is
constituted in the focus matrix of the present research surrender: the fixation of the
value of the repair for the moral damages in face of the rights of the personality, with
strong emphasis to the note of which method or criterion is configured the most
acceptable for solution of the present questions, that is the modest objective of this
work.