DANO MORAL E MERO ABORRECIMENTO DA VIDA COTIDIANA

UMA ANÁLISE DOS CRITÉRIOS DE DISTINÇÃO APLICÁVEIS PELA JURISPRUDÊNCIA BRASILEIRA

Abstract

This present study talks about the consumer law subject, it is very significant social and juridical theme, mainly in a mass consumption society like the Brazilian one. It analyses the moral damage non-characterisation under the illicit argument practised that is considered a mere annoyance. It happens when the tribunals face this mater and reject it as moral damages for compensatory ones by moral harm those treat the consumer relation asserting this as a banal boredom. It will be examined the moral damage resource on the consume claims giving an emphasis under the claim law understanding, where it will be carefully analysed and possibly accepted the real matter between moral damage and simple boredom. The development of this study consists of searching appliances, hypothetical- deductive and qualitative sight too, with a descriptive focus. It was used the bibliographical research from the already published material composed by books and jurisprudence in fact. In sum, it was verified that it cannot be restricted the conception and simple boredom practical applicability on a day life people. Therefore, it is concluded judges have to analyse each real case, because of the legal understanding and conceptions where must be built based on the lifetime, it really cannot be considered the only justification to themselves at all.