A quantificação dos danos morais nas relações de consumo

Abstract

The research aims to analyze the quantification of moral damage in consumer relations. It seeks to demonstrate the development of the general concept of damage, demonstrating its first appearance found in the Code of Hammurabi, until reaching the idea of moral damage as an offense to the rights of personality, seeking to protect the protected legal assets, and how its proper insertion occurs in Brazilian Law. In view of this, it is verified that the non-pecuniary damage was incorporated both in the Federal Constitution and in the Consumer Protection Code, aiming at greater protection of consumers in consumer legal relations. However, it can be seen that one of the main divergences involving moral damage is the difficulty of the magistrate in quantifying it fairly, so that undue enrichment does not occur and that the compensation compensates the victim in order to satisfy him. The judge must rely on the principles of reasonableness and proportionality, and may use the two-phase method as an alternative to find a fixed value for the balanced quantum. In addition, the principle of full reparation, enshrined in article 944 of the Civil Code, is verified, analyzing its projections of the an debeatur and the quantum debeatur, which respectively seek to repair all damage or all damage, examining its legal and conventional limits and, finally, the practice of the principle of full reparation itself as a limit to reparation. There are also some concrete cases involving moral damages in consumer relations, judged by the Superior Court of Justice in a Special Appeal