Abstract

SILVESTRE, Gilberto Fachetti  and  MARCHIORI, Bruna Figueira. Injury to Personality Rights in the Jurisprudence of the Brazilian Special Instance. Opin. jurid. [online]. 2021, vol.20, n.41, pp.177-199.  Epub Nov 11, 2021. ISSN 1692-2530.  https://doi.org/10.22395/ojum.v20n41a6.

This is a research that found the existence of divergences in the establishment of the pecuniary compensation (the quantum) of moral damage and the objective was to identify if the Superior Court of Justice currently requires proof of pain or suffering for the occurrence of moral damage and to justify compensation. For this, court statistics were carried out to verify if there is jurisprudence on the subject. In this sense, the research was developed with a qualitative-quantitative approach (qualitative and quantitative). A review of the literature was carried out to deepen the theoretical concepts and theories regarding this topic. The research adopted the methodology of systematic review of jurisprudence and the method was inductive, seeking to establish a general reference based on the knowledge of a certain number of unique data for the elaboration of a generic conclusion. As a result, the investigation offers the current majority understanding of the STJ on the non-requirement of the psychic element in actions for compensation for moral damages.

Keywords : Superior Court of Justice; rights of personality; pretium doloris; damage in re ipsa; moral damages.

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