O dano moral na constituição brasileira

Abstract

The Charta Magna has consecrated, at the constitucional level, the institute of the indemnification in connection with the MORAL DAMAGES, the protection of which has been guided by the ordinary legislation, but, in a very controvert manner. ln spite of this consecration and the fact that a number of Law scholars do show their concern with the assurance of a degree of certainty for those who search for Justice in the defense of their ideal patrimony, its invocation is still somewhat incipient, this may be partially due to the fact that it is still widely supposed that internal sufferings shall not be acknowledged by other, and partially due to the lack of a better legislative outlining, and further added, still, of the difficulty to assess the indemnification amount. The proposal of this dissertation is to make na anlysis of the Moral Damage in the Constitution, as the object of indemnification. We have striven to focus the subject only through the positive prism of the Constitution of 1988, therefore we have neither, but not brief referencer, gone into the analysis from the infra-constitutional standpoint, within the scope of the civil liability, nor into the procedural aspects. Beginning with the concept of damage, we have analyzed the patrimonial implications in the economic and legal fields. We have examined the concept of morals, its insertion into Law, its extension to the dignity of the person, its protection under the Charta Magna and, therefore, we have taken the paths of other sciences, such as anthropology, philosophy, sociology, etc. and, lastly, the constitutional interpretation of the Moral Damage