A banalização do instituto do dano moral: impactos causados ao ordenamento jurídico brasileiro

Abstract

The present research seeks to deal with a trivial matter in the Brazilian legal system, which is the moral damage and banalization of this in the Brazilian legal system. Thus, before we speak of the moral damage institute, some considerations must be made about civil liability, its modalities and assumptions. After analyzing the aspects arising from civil liability, it is sought to explain the historical evolution of moral damage, its concept, types and forms of reparation, so that one can understand the appropriate parameters for damage configuration, identifying when it is legally fit. The objective is to enter into the phenomenon of industrialization of moral damage, understanding that it should be used as a mechanism of reparation and not as a means of "easy gain", as it has been increasingly used. The present theme will be approached from a qualitative and exploratory approach, seeking to elucidate in a concrete and immediate way, through analyzes and perceptions, the impacts caused by the banalization in the institute of moral damages to the Brazilian legal order. In view of the exploratory character of the work, a bibliographical research is necessary, as well as a thorough analysis of the majority doctrine, based on a database, in the Brazilian legislation, and also in articles that portray the subject in question, with the intent to understand the appropriate parameters in the configuration of the damage and in what situations this has been legally fit.