Dano moral no direito brasileiro: o princípio da dignidade da pessoa humana como norteador da fixação do quantum indenizatório

Abstract

The principle of the dignity of the human person has brought immense prominence to the judicial orbit in the international field and, especially, to the Brazilian constitutional legal system. This has been increasingly used as a basic principle used to deliberate the abundant demands that are brought to court, although there is no definition of its legal meaning provided for in the constitutional bulge. In this context, the present study has the scope, being guided by this principle and analyzing the problem that hangs over the quantum of compensation for off-balance sheet damage applied in the national jurisdiction. To this end, firstly, the historical context of recognition and consolidation of this institute in the national judicial organization will be presented, delimiting this research to the civil, consumerist and labor spheres, in sequence it will be discussed as to the regulation of the repair and quantification of moral damage in these respective fields, exposing the main characteristics and criteria used to evaluate the valuation arbitration and in this context it is necessary to approach the application of this institute during the pandemic context of Covid-19. In the end, this research will be concluded in analysis of the comparative study of Moral Damage in the foreign jurisdiction where, through this survey, and in line with the aforementioned principle, it is intended to evaluate the (im)possibility of being established safe parameters to measure indemnities for moral damages in Brazil.