Identificação e quantificação do dano moral: fundamentação da decisão judicial na perspectiva jurídica e ética da lei natural

Abstract

Reflect about tort law in terms an ethical and juridical reading in the field of identification and quantification of non pecuniary damages. Adopted as a theoretical assumption that has the purpose of two dimensions: a factual and an ideal, in the wake of Robert Alexy's Theory of Legal Argumentation (2014). It clarifies that concerning moral damage, in the first dimension (factual) exists the legal of off-balance-sheet assets legally protected, while in the second (ideal) it is argued that there are the true basic of men (ethics), which complement and strengthen an analysis of off-balance sheet data on the identification and quantification of moral damages. The Law of Extramarital Rights Derived from Right to Right, Based on Bebhinn Donnelly - in An Approach to Natural Law to Normativity (2007) - Mark Murphy in Natural Law in Jurisprudence and Politics (2006) and Natural Law and Practical Rationality 2001) - and John Finnis - in Natural Law and Natural Rights (2007) and Aquinas: moral, political and legal theory (2008). The research problem is to investigate the impact of the complementarity relationship between offbalance sheet assets and basic metric values and the quantification of moral damage, with the objectives of investigating and substantiating the statistical data of the basic years in the identification and quantification of moral, to investigate at the dogmatic and jurisprudential level the parameters for recognizing the moral damages, to present an ethical justification for moral damages based on the basic human goods, and to carry out a series of study with the ethical, developing ethical-legal reasoning of moral damage in concrete processes. It is guided by the hypothetical-deductive method, starting from general and abstract premises on the identification and quantification of moral damage in law and dogmatics, as well as on the history of basic human facts, particularized. It concludes from the analysis of some judicial decisions involving moral damages pronounced by the lower court judges of the civil and labor courts of the city of Belém, that they are limited from a legal and ethical point of view and that if they endorse the thesis described here, civil liability could play a more relevant role in constructing virtuous behaviors (identification of moral damage) and fair quantification of the indemnity value across the magnitude of the damage suffered (quantification of moral damage), as well as being better understood by academics and professionals in the Law, to the extent that the research in its global sense presents a proposal of systematization of the reasoning involving civil liability for moral damages.