Enriquecimento sem causa versus proteção integral: como a condição econômica da vítima influencia nas decisões por danos morais

Abstract

In the field of civil liability, determining the amount of compensation represents one of the most difficult tasks for the judge. Therefore, it is essential to investigate the criteria that influence this determination, especially the economic condition of the victim. Thus, the question that arises is: how does the economic condition of the victim interfere in establishing the amount of compensation for moral damages, and how does the application of the principle of unjust enrichment affect the reduction of the amount determined? To answer this question, it was necessary to examine case law from 2022, 2023, and 2024 that address the influence of the victim's economic condition in determining the amount due, observing decision patterns and potential controversies. This study, therefore, critically examines how the argument of unjust enrichment was used by the courts to justify the reduction of the compensatory amount for moral damages based on the victim's economic condition, suggesting reflections and guidelines for fairer guidelines in setting the compensatory amount for moral damages, taking into account not the victim's economic condition, but other relevant aspects, such as the severity of the damage and the punitive nature of the compensation. A bibliographical research was then carried out based on legal works, academic articles, legislation, and relevant case studies. In view of this, it was found, from the analysis of case studies, that the victim's economic condition often influences the determination of the amount awarded for the violation of the protected legal asset. Likewise, it was possible to observe the use of the thesis of unjust enrichment as an instrument to legitimize the argument that the victim's economic condition should serve as a parameter for reducing the amount of compensation. The bibliographical research and the analysis of case law, in turn, demonstrated the need for clearer guidelines for setting the amount of compensation for moral damages, where it was possible to conclude that it is essential to seek a balance between the full protection of the victim and fair reparation for the violated legal right.