Dano moral coletivo: uma abordagem sob a ótica consumerista

Abstract

This monograph seeks to address an institute still not widespread in Brazilian law, but that over the years has been gaining momentum in academic discussions and basing judgments in the higher courts, the collective moral damage. The growing by now the damage, once considered irreparable, to its prediction in constitutional text with the advent of the Brazilian Constitution of 1988, even in our times to discuss the possibility of compensation for moral damages in collective and diffuse interests, the latter also called trans, it is of paramount importance to understanding the path that has been taking the theory of Liability. In this work, we will seek to demonstrate the importance of the evolution of the institute in comment, functioning as an instrument of harmonization of social relations, to ensure that the community to become preserved their dignity. We show how the damage has been debated in the universe Collective Moral Brazilian legal disputes through case law, particularly the placement of divergent groups of the Superior Court. Will be addressed also the issue through the prism of procedure, since the Civil Public Action is an effective instrument to protect the interests of the community, highlighted consumers, when injury to intangible property.