A proteção ao consumidor pelo instituto dos danos morais quando da presença de corpos estranhos em alimentos na jurisprudência do Superior Tribunal de Justiça

Abstract

This research aims to analyze whether the Brazilian Superior Court of Justice recognizes the civil liability of suppliers through the Institute of compensation for moral damages in the cases of the presence of foreign body in food products. To achieve this end, this research emphasize the conceptualization of the institute of moral injury, the incidence of the dignity of the human person in the Brazilian legal system, the problem involving the supply of food in Brazil and the analysis of the Consumers Protection Code (Código de Defesa do Consumidor). It proceeds with the quantitative and qualitative analyzes of the jurisprudence of the Supreme Court of Justice. Then, it concludes by the inexistence of one solid understanding about the problem analyzed, which represents a serious offense to the Legal Certainty.