A impossibilidade de indenização por dano moral à pessoa jurídica de Direito Público: as razões que levaram o Superior Tribunal de Justiça a este entendimento e seus reflexos quanto à aplicabilidade da Súmula 227.

Abstract

The present study it is aims to scrutinize the reasons that led the Superior Tribunal de Justiça to the understanding shown in the context of the special appeal no. 1.258.389-PB, unprecedently, did not recognize to the public entities the right to be compensated for moral damage. To get to that conclusion, it was investigated the development of fundamental rights, especially regarding to its historical character, ever moving forward to conquer new achievements. It was also shown the peculiarities concerning to the institute of moral damage, its concept, its legal nature, and the process of measurement of its compensation, in order to conclude that the reasons picked by the S.T.J. are reasonable. Finally, it was analyzed the judgement given in the context of the referred appeal, specifically its effects about the restrictive interpretation of the precedent no. 227/STJ, compared to its nonapplicability to the public entities. The approach method was the deductive, which began from the analisys of the development of the fundamental rights e the moral damage, so that, in the end, it could be identified such knowledge on the thesis exposed by the S.T.J. As the research tool, the documentary research was the chosen one, by seeking doctrinal and jurisprudential positions in relation to the issue discussed in this paper and how the institute of moral damage is applicable to the public entities. The procedure used was the historical one, which sought to demonstrate the development of the fundamental rights and also the institute of moral damage.