A composição do "Quantum" indenizatório no dano moral

Abstract

Consists lhe present work in a doctrinal and jurispudencial analysis of lhe composition of quantum of indemnity in lhe moral damage, from lhe etymology origin and lhe meaning given currently, to lhe term "civil responsibility", also approaching its legal nature, kinds and essentials antecedent facts, standing out mainly lhe distinction between material and moral damage, and still analyzing lhe repairing and lhe theories about lhe redress of moral damage and its admissibility besides lhe forms of repairing damage concerning and possibilitie of application. Also it constitutes object of comparative inquiry lhe repairing of moral damage in lhe native legal system and in lhe legal system of Germany, Argentina, Spain and Italy, pointing lhe main similarities and differences. The composition of "quantum indenizatório" is studied, of more specific form, in lhe chapter of closing of this dissertation, where lhe concept, function and modalities of liquidation are dealt with, beyond lhe guarantees of indemnity, with special approach for lhe problematic question of lhe criteria to be considered for lhe stipulation of lhe damages value, controversial and excellent subject, that it has started some warm doctrinal and jurisprudencial discussions