How to avoid moral damage

The right to compensation arises from the violation, from the offense to the immaterial patrimony of the person and aims at the 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 does not properly depend on guilt, having an objective character. Thus, any damage caused to the consumer in his immaterial sphere by the service provider or in consequence of a product, usually needs to be indemnified, even if there is no contractual link.

In order to be entitled to reparation it is necessary that the consumer has suffered an actual non-material damage and not a mere dissability which are the common annoyances of everyday life.

The moral damage to Consumer Law may occur in a variety of ways, such as improper inclusion of the name in the SPC, undue protest and collection, discount of checks before the due date, undue discount on account wages, retirement, or checking account, delay in delivery of property, accidents involving transportation company, among many others.

Apart from consumer relations, occupational accidents that cause injury or death can also justify a conviction in compensation for moral damages of the employer, here considered, in addition to the severity of the injury, in general, the incidence of some of the forms of guilt.

The damages for moral damages are variable. There is no exact quantification, but parameters judicially arbitrated for similar cases, considering factors such as the severity of the damage and its consequences for the victim, the economic condition of the offender and the victim, among others.

The legal orientation of the Unindustry is for the associates to take preventive action to avoid litigation, taking care of the inscriptions in the organs of credit protection and protests, enabling and conducting a survey of the negative ones when paying or renegotiating debts, among other measures . If in doubt, contact legal advice.


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