Critério jurídico do quanto do dano no direito civil brasileiro

Abstract

How much of the damage indemnity is juriscientífico problem of responsibilization legal relationship. The first reason the Gordian knot is empirical: the difficulty of organismic view of the legal system where deflui the logic that does not exist tariffed criterion (the legal right) for fixing as indemnity. Especially in moral damages. The second reason is jusphilosophical: guidance hermeneutics internationalist neoconstitucional it attaches to the judicial court regarding the power to create attachable objective parameters under the color of equity. The text places the question on legal-private relations and proposes general solution that would contribute to their zetética reflection.