DANO MORAL: parâmetros para fixação e formas para evitar a sua banalização

Abstract

This paper describes about the moral damage to consumer relations, giving special emphasis to the parameters, setting criteria and ways to prevent its trivialization. Such an approach is necessary to analyze the excess of the legal proceedings for moral damage now. The purpose of this study is to report the particulars of the moral damage, the accountability, the way in which it is identified in consumer relations, doctrinal, jurisprudential and legislative criteria used for their fixation in contemporary decisions, bringing to the positives readers and negative subjectivity of the magistrate when setting compensation amounts as damages. This purpose will be achieved through literature reviews and current case law studies. The research showed the great importance of the contribution and awareness of the parties and the judgment of the magistrate, ensuring access to justice and away at the same time the excess of unnecessary actions, procedural delays, illicit enrichment and the trivialization of moral damage.