Da fixação do valor indenizatório por danos morais em face dos direitos da personalidade.

Abstract

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.