The role of the indemnification for moral damages and the prevention of future damages. / As funções da indenização por danos morais e a prevenção de danos futuros

AUTOR(ES)
DATA DE PUBLICAÇÃO

2009

RESUMO

This study addresses the qualitative aspects of the indemnification for moral damage, relating them to prevention of these damages. Because of the controversy about the roles that the indemnification should develop, it tries to separate the preventive efficacy of the concept of punishment. It analyses the punitive role to begin the investigation of its origin the punitive damages - and the problems that it brings to the national legal system. The study of characteristics of the punitive damages shows the enormous difficulties that the institute presents where it is applied, and the differences between the institute and by punitive indemnification. In view of the fact that the major justification for punitive indemnification is the prevention of further damage, it was investigated the preventive function of liability it at first, and then, find in compensatory damages as a scope as preventive which justifies the adoption of punitive damages. The judge action is essential to avoid the punitive effect, because it acts in the election of criteria whose analysis of the value base compensation. The compensation fixed fairly awakens liable for damage in the care needed for most situations in which damage is caused in isolate way. For the cases of moral damage "repetitive," or they reach a large number of people, in addition to damages, the law offers some procedural instruments that have a potential preventive and can be useful in reducing these behaviors. Thus, we can conclude the compensation for moral damages as compensation-only is the most appropriate way to repair the damage to our judicial system.

ASSUNTO(S)

indemnification moral damages dano moral responsabilidade civil punitive damages reparação do dano prevention indenização liability

ACESSO AO ARTIGO

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