Uma análise da quantificação do dano moral a luz da jurisprudência do STJ

Abstract

This study aimed to observe what are the criteria used by the ministers of the Superior Court of Justice to quantify the amounts of indemnity for moral damages. Initially it was found that already existed in the Brazilian legal system, laws stipulating objective criteria for the stipulation of moral damages, however such laws have not been approved upon by the Federal Constitution of 1988. It found that although the Magna Carta, ended any discussion indenizabilidade about the moral damage, expressly providing for the possibility of repair. Identified the existence of some controversial points in the action of moral damage, such as proof of moral damages, the holders of the right to redress and compensatory and punitive damages morale. Finally, it was observed within the jurisprudence dao STJ, the more criteria used by judges to quantify the moral damage are: the extent of damage suffered by the victim, the degree of fault of Lesante, the punishment of the offender and his exemplary character, concurrent fault of the victim, the economic Situation of the offender and offended, and proportionality in sentencing arbitrating.