Dano moral ou mero aborrecimento do cotidiano: o excesso de tempo de espera em fila para atendimento
This study deals, in its social and legal relevance, with the issue of compensation for off - balance damages caused specifically in consumer relations, in which, despite the protective norms granted to the consumer subject, these reparatory claims were mere annoyance of daily life. The development...
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| Formato: | bachelorThesis |
| Idioma: | pt_BR |
| Publicado em: |
Universidade Federal do Rio Grande do Norte
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| Endereço do item: | https://repositorio.ufrn.br/handle/123456789/42719 |
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| Resumo: | This study deals, in its social and legal relevance, with the issue of compensation for off - balance damages caused specifically in consumer relations, in which, despite the protective norms granted to the consumer subject, these reparatory claims were mere annoyance of daily life. The development of the study deals with the legal institutes of civil liability and moral damage, of the duty of the judge to promote an adequate foundation capable of making possible social pacification and the defense of the jurisdiction with the conceptual fulfillment of the mere annoyance of daily life, as well as objective criteria capable of supporting it. Finally, we analyzed the STJ judgments that deal with the excess of waiting time in a row, with the
identification of the criteria adopted for the recognition of moral damage or for its remoteness.The scientific method was based on bibliographical research from material already published, such as books and jurisprudence. In the end, it was found that it is possible to apply and a minimum of objective criteria, without disregarding the peculiarities of each concrete case, it was also verified that the criteria adopted by the judges depend on an equally grounded and descriptive petition and that the norms consumerism have differentiated importance for moving away from the thesis of mere dissipation. |
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