O quantum do dano moral.

Abstract

After a long period of Roman history, the habits and customs of the peoples underwent a natural process of improvement in social life. The man started to conquer goods and values that today are widely protected by the legal system, such as the right to life, privacy and personality. These principles began to be the object of reparation by the State power, as a way of repressing attitudes that compromise social morality. On the other hand, one of the most tormenting questions of Brazilian judges, whether at the first degree level or in the appeal phase, is the setting of the "quantum" indemnity in damages actions. Finally, indemnities for moral damages should not be converted into a "judicial lottery" and even less into a pain market. For this, magistrates should seek parameters to be analyzed with caution, always giving importance to the factual aspects of the event that may whether or not to seek compensation for moral damage.