A reparação integral dos danos morais
Autor | Robson Zanetti |
Cargo | Advogado. Doctorat Droit Prive Université de Paris 1 Panthéon-Sorbonne. Corso Singolo Diritto Privato Universitá degli Studi di Milano |
O direito pátrio considera como dano moral todos os danos que não são materiais, exceto o dano estético.
Pelo princípio da reparação integral, todos os danos causados devem ser reparados de forma que se atinja o mais próximo possível o valor dos bens e direitos que foram lesados.
Assim como todos os elementos devem ser reparados quando ocorre um dano patrimonial, o mesmo deve ocorrer quando ocorre dano moral.
O direito pátrio progride quando permite a cumulação do dano moral com o dano estético, porém, considera os demais danos que afetam o moral de forma única, não fazendo a cumulação dos danos por cada elemento lesado e sim de forma global. E qual a conseqüência desse posicionamento? A conseqüência é que os valores das indenizações acabam, normalmente, sendo sem lógica.
Para ilustramos essa situação, num acidente, uma pessoa que tem duas seqüelas, acaba recebendo o valor da indenização a título de dano moral em 1.500 salários mínimos e esse valor também é utilizado para reparar o...
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