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- Title
DANO EXTRAPATRIMONIAL: UM ENSAIO DA ADJETIVAÇÃO DE DANO SOB O PONTO DE VISTA DO DANO MORAL.
- Authors
ROGÉRIO GOEDERT, ADRIANO; DIONISIO DE SOUZA, MICHAEL; RIBEIRO GOEDERT, DANIELLA MACHADO
- Abstract
Objective: The article aims to reflect on the institute of off-balance sheet damage, more specifically moral damage. Methodology: For the preparation of the article, the research sought to extract information from legislation, doctrine, articles, jurisprudence, and other important documents, as well as a qualitative approach, offering descriptions of reality for research on the subject under discussion. Results: In most cases, the satisfaction of reparation and the compensation of moral damage, occurs solely and exclusively from the author's perspective, not taking into account the preventative, pedagogical/punitive effect of the defendant, causing an imbalance in the relationship between the parties, frustrating the author in the search for justice and reparation. As a result, companies/organizations continue to repeatedly practice such illegal acts against individuals and the community, without even attempting to improve this situation. Contributions: The article aims to reflect on the subject, taking into account the 02 (two) perspectives: plaintiff and defendant, related to moral damage and the new description of damage, contributing to the balance of the parties, in relation to the satisfaction of reparation fairly, 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 disincentive by acts performed by the opposing party.
- Subjects
SATISFACTION; JUSTICE; RIGHT of publicity; DIGNITY; COMMUNITIES
- Publication
Revista Jurídica (0103-3506), 2023, Vol 1, Issue 73, p339
- ISSN
0103-3506
- Publication type
Article