Fixação do quantum indenizatório do dano moral: abordagem crítica aos critérios adotados

Abstract

This paper analyzes the determination of compensation amounts for moral damages in Brazil, focusing on the criteria used by the Judiciary. Although the constitutional right to moral reparation is well established, the lack of objective parameters and the prevalence of judicial subjectivity persist, undermining legal certainty and equality. The hypothesis is that, despite the existence of recognized doctrinal criteria, their practical application remains unstable. The research adopts a qualitative approach, based on bibliographic review and case law analysis, particularly from the Superior Court of Justice. Theoretical foundations of moral damages, current quantification methods—such as the bifasic method—and contemporary proposals for systematization are discussed. In conclusion, the study proposes the adoption of more objective criteria, such as guiding compensation tables and weighted valuation of central elements, aiming to ensure greater predictability in judicial decisions without suppressing judicial autonomy