Dano moral pelo atraso na entrega de imóvel por culpa da construtora

Abstract

This article deals with moral damage due to the late delivery of the property due to the construction company's fault. The problem is that, if there is a punitive and restorative function, or the moral damage applied by courts is sufficient and efficient to avoid breach of contract, to avoid new and repeated judicial demands. Its purpose is to define legal objectives based on the consumerist theme, identify jurisprudence and doctrine against moral damages, analyze judicially arbitrated values and use the function of reparation and punishment. Show a historical evolution of Consumer Law. CDC Applicability. Distinction between consumer vulnerability and hyposufficiency and its ramifications. Explanation of the "tolerance clause" and analyze its legality. Moral damage and quantum jurisprudential. Being performed a jurisprudential analysis on the quantification of moral damage, following its effectiveness in the function of reparation and punishment. Doctrinal explanation of punitive harm (discouragement value theory), and assessing its application in public law This article is based on case law, published articles and doctrines such as Rizzatto Nunes, Flávio Tartuce, Humberto Theodoro Júnior, Serpa , Bittar, Castro, among others. The work contributes to demonstrate the effectiveness of the right to moral damage, for better contractual protection, given its fragility in the consumer relationship, the use of the function of repairer and punitive, a use and possibility of punitive damages in vehicle law