Do dano moral: uma abordagem do ponto de vista das relações de consumo bancárias

Abstract

Moral damages are those arising from legal relationships that undermine the honor, the subjective good faith or the dignity of people, reaching intangible assets, ie, the moral goods (name, fame, dignity, honesty). In this perspective, there is moral damage when dignity is affected, as provided in art. 5, W and X, CF Characterization depends on proof of causation between fact rise to the damage and their harmful consequences to the morale of the offended. Based on the scoresheet 37 of the Superior Court of Justice, it is possible to accumulate moral damages, damage to property by the same fact. According to art. 186 CC, you can order exclusively moral damage. In this case, it is called moral or pure autonomic damage. The liability shows the duty to indemnify where the characteristic elements of the tort are present. The theory of liability subsidizes the repair of the damage that comes from art. 159 of the Brazilian Civil Code: "one who by voluntary action or omission, negligence or recklessness violate law or causing harm to others, is obliged to repair the damage." Within the banking relations, generating potentially major occurrences of the obligation to repair the damage are: virtual fraud, unauthorized protest in securities, improper inclusion of name in register of defaulters, the illegal constraint, which reach one's honor, causing further blow to its credibility.