Indenização por dano existencial como meio de efetivação da tutela da pessoa humana no âmbito da Responsabilidade Civil

Abstract

The present work aims to delineate the concept of existencial damage as an autonomous species of extrapatrimonial damage, in order to substantiate the need for its recognition in the national legal scenario. To do so, the work begins with an approach to the guardianship of the person in the Constitution of the Republic of 1988 and human dignity as a value that guides the democratic state of law. Next, a brief description of the modifications of the concept of civil law throughout history is carried out, in order to justify and demonstrate the processes that led to the influence of fundamental rights in privet relations, reaching the model under which civil liability is currently being structured. Afterwards, a brief study of the evolution of the concept of damage and its general modalities, namely the property damage and the extrapatriomonial damage, is performed, before they specifically adhere to the existencial damage. When the existencial damage itself is addressed, it is made na outline of its concept and a study of its presence in Brazil, in order to substantiate the need for its recognition.