Apontamentos sobre Dano Moral Coletivo

Abstract

This study aims to address some aspects of collective moral damage, institute of marked importance, but whose contours are not defined in a peaceful manner by the Brazilian courts. Initially there will be a brief historical treatment of the moral damage that has received over time by the doctrine and jurisprudence, through the period that was not permitted to indemnify any kind of moral damage, until the current phase, in which the idea of moral damages suffered by the person or the legal community does not cause greater perplexity. Will be presented the concept, the elements and the peculiarities of the collective moral damage, as well as the mechanisms and ways for its prevention and redress, including the standards that should guide the determination of any monetary compensation. Will be appointed at the end, the main vectors that should guide the operators in the law for the correct characterization of the collective moral damage.