How to avoid moral damage

Every person holds an intangible heritage that has no estimated financial value, such as life, dignity, intimacy, honor, etc. As for the legal entity, one can exemplify with reputation, image and good name. These are fundamental rights, protected by the legal system, with constitutional apex which, if attained, can indemnify for moral damages.

The right to indemnity arises from violation, offense to the intangible heritage of the person and aims at reparation of the victim, through compensation, in addition to punishing the offender, discouraging similar practices. In consumer relations, special caution must be exercised because moral damage is not properly dependent on guilt, but has an objective character. Thus, any damage caused to the consumer in its intangible sphere by the service provider or as a result of a product, usually needs to be compensated, even if there is no contractual relationship.

To be entitled to reparation it is necessary that the consumer has suffered an actual immaterial damage and not a mere mishap that are the common annoyances of everyday life.

Moral damage to Consumer Law can occur in a variety of ways, such as improper inclusion of the name in the SPC, improper protest and collection, early check cashing, improper salary, retirement, or current account discount, late payment. property delivery, accidents involving transportation company, among many others.

Aside from consumer relations, occupational accidents that lead to injury or death can also justify a conviction in damages for the employer's moral damages, considered here, in addition to the severity of the injury, in general, the incidence of any form of guilt.

Compensation for moral damages varies. There is no exact quantification, but parameters arbitrated in court for similar cases, considering factors such as the severity of the damage and its consequences for the offended, the economic condition of the offender and the victim, among others.

The legal advice of the Unindústria is for the associates to act preventively to avoid litigation, taking care in relation to the inscriptions in the credit protection and protest bodies, enabling and conducting a survey of the negatives when paying or renegotiating debts, among other measures. If in doubt, contact the legal advice.


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