Abstract

The objective of this article is to reflect on the institution of extra patrimonial damage, more specifically moral damages. In most cases, the satisfaction of the reparation and compensation of the moral damage is given from the sole and exclusive perspective of the plaintiff, not taking into consideration the preventive, pedagogic/punitive effect of the defendant, causing an unbalanced relationship between the parties, frustrating the plaintiff in the search for Justice and reparation. As a consequence, companies/organizations repeatedly continue to practice such illicit acts against the person and the community, without even seeking to improve the situation. The contribution of the article aims to reflect, regarding the subject, taking into consideration the 02 (two) perspectives: plaintiff and defendant, related to the moral damage and the new adjectivation of the damage, contributing to the balance of the parties, in relation to the satisfaction of the repair in a fair way, with division into two premises: a) satisfaction of the right of personality, of the dignity of the human person; and b) the effectiveness of the discouragement for acts committed by the opposing party.

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