Moral damages are the losses suffered by an attack on people’s morals and dignity , characterized as an offense to the victim’s reputation . Any loss that undermines honor can be characterized as moral damage.
Moral (substantive) is a part of philosophy that deals with customs, duties and the way people behave in relationships with their fellow men. Moral (adjective) is relative to good manners, which has good manners.
When an attack is made not only on a person’s dignity, but also on some physical property of that person, we are facing a case of moral and material damages.
Moral damages action
Anyone who feels offended in their morals may file a lawsuit in court, asking for compensation for damages.
The person who suffers moral damage and has his or her dignity shaken may file a claim for damages, requesting compensation.
Compensation for moral damages
Any person who suffers moral damage may demand compensation in court, provided that he can prove the damage.
For a long time, the possible compensation for moral damages was discussed in Brazilian law, but today the right to compensation is determined in article 5, inc.V, of the Federal Constitution.
What are the generating facts of moral damages?
As already seen, there are several facts that can characterize moral damage, most of which are subjective. That is, they are not tangible.
What can be harmful to one person, may end up not affecting another and vice versa. So, let’s quote below when and in which situations moral damage can happen.
Consumer’s moral damages
It is provided by law that it is the supplier’s obligation to specify everything that is being sold to the consumer. And, in cases of wrong information or lack thereof, the consumer has the right to be compensated.
Even if the consumer is aware of the risks offered by the use of a product, placing it on the consumer market cannot be accepted without it following the technical standards.
It is unacceptable that any product threatens your health and safety, disrespecting article 6, item I of the Consumer Protection Code.
The duty to indemnify collective moral damage is configured by the illicit conduct practiced by the supplier, when there is disrespect for the principles of information and good faith, as well as legal provisions that guide consumer relations, exposing health and safety to risk. consumer integrity.
Moral damages in traffic accidents
Trauma that occurs due to traffic accidents may fall within the scope of compensation for moral damages, and the person who caused it must provide assistance to the injured person.
In addition to damages caused to property , such as reimbursement of medical expenses, physiotherapeutic treatment, loss of employment and income, etc., the person causing the damage must make reparation determined in accordance with the sentence, relating to psychological trauma.
Moral damages in social relationships
Living in society means that we have the basic duty of not harming others.
Any action we take, even within our freedom, brings with it the notion of responsibility and means that we have to answer for our actions if they harm the rights of others.
If by any chance, someone, by action or omission, causes damage to another person, he has the obligation to repair it, whether the property damage is or not.
The obligation to repair the conduct that causes damage has as a priority that the agent causing the damage is obliged to leave things in their original state.
Even within their own rights, a person can commit an unlawful act. This is about the abuse of rights, also related to the values of society.
It is in these cases that many actions for compensation for moral damages in social relations are found.