The reparation of “collective” moral damages in Brazilian law: critical analysis of its applicable criteria its applicable criteria

Abstract

This essay seeks to identify the parameters that best suit the quantification of reparation for collective moral damages in the Brazilian legal system, and analyzes whether the standards indicated by the doctrine are aligned with the reparatory character of civil responsibility and whether such standards are being employed by case law. The study includes broad jurisprudential research to identify whether the decisions of the Superior Court of Justice (STJ) expound the criteria that contributed to the fixing of the quantum and whether they heeded the concrete particularities of each given case. The conclusion reached is that the parameters applied by case law remain uncertain, even though some decisions do register for reaching uniformity in sentencing and use the two-phase method for the quantification of the reparation.