A reparação do dano imaterial no ordenamento jurídico brasileiro – eficácia do caráter pedagógico

Abstract

The Federative Constitution of Brazil of 1988 included human dignity as the foundation of the Republic, which had direct repercussions on the Civil Law. The natural person was elevated to the legal protagonism and this fact allowed the recognition of new types of damages of a subjective order. This paperwork aims to analyze how the reparation of immaterial damages takes place in the Brazilian legal system and whether this reparation satisfies the pedagogical function of civil liability. The methodological approach that guides this research is essentially qualitative, as it aims to describe the immaterial damage that has arisen in contemporary times and assess how they are received by the national legal system. Having as its corpus legislation, doctrine and jurisprudence in force, the analysis showed that reparation exclusively through pecuniary indemnity is insufficient to reach the pedagogical bias. In order to combat this insufficiency, the depatrimonialization of immaterial damages and the adoption of alternative measures capable of preventing damage to the abstract rights now protected are suggested.