Campus de Goiabeiras, Vitória - ES

Name: MORGANA NEVES DE JESUS

Publication date: 14/06/2017
Advisor:

Namesort descending Role
JULIO CESAR POMPEU Advisor *

Examining board:

Namesort descending Role
JULIO CESAR POMPEU Advisor *
SANDRO JOSE DA SILVA Internal Examiner *

Summary: Phases and Faces of Moral Damage in Civil Small Claims Courts performs a qualitative
trans-disciplinary analysis - with critical-descriptive observations and participation - of
the sample of particular data in a specific and localized legal environment, which is
directed to general findings. It aims at reading the factual problematic setting of the
contrary relations that are established in the concrete reality of the judicial demands
on moral damage. It presents the process of constructing the images, ideas and
meanings of moral damage, from the last decades of the last century to the present
decade, permeating the notions objectified in the time-space dynamics experienced by
social actors, threefold conditioned by the internal logic of legislation, doctrine and
jurisprudence. It examines the various faces of the moral damage that appears in each
procedural phase of the Small Claims Court of Serra, be these phases pre-procedural
or procedural, such as line, reception, service, complaint, filing, settlements,
evidentiary and trial hearings. And it shows that the face of moral damage in each of
these phases may vary depending on the social actors involved in the legal procedural
relation. For this purpose, data triangulation strategy was used, based on the collection
of information from multiple sources, such as interviews, observations and analysis of
documents, for a minimum period of 12 (twelve) months. It is concluded that moral
damage takes on different images, depending on the procedural face in which it is
analyzed, as well as on the actors involved in this relationship. It was also noted that
there is no ready and finished concept about the institution, but rather a political-judicial
conformation, or one may say, a pattern, about what is now moral damage and what
goes into the category of mere annoyance, or that is to say, standardization of the
injuries that are recognized to the obligation to indemnify and the injuries with which
one must accustom to live in this risk society. Finally, it is believed - based on the data
collected in the complex concrete reality verified - that the results obtained do not differ
from those of the absolute majority of the Brazilian Small Claims Courts in matters of
moral damage; and this cut may be extended paradigmatically to the whole country.
Keywords: Moral damage. Civil Small Claims Courts. Legal and social actors. Phases
and faces of judicial proceedings.

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