Personal damage and mere annoyment

an evidence in the indemnity actions based on consumer law

Abstract

Moral damage is a kind of indemnity, which has civil liability as its genus. With its characterization within a specific case, the injured party seeks reparation, in order to offer the closest to the reality prior to the harmful event that resulted in the responsible agent being held liable. Over time, mere annoyance became a present figure in decisions on the subject, being able to configure specific situations as mere daily annoyances, incapable of generating the duty to indemnify, on the part of the agent causing the harmful event. A bibliographical, qualitative, applied study with exploratory objective is presented. It focuses on the contextualization of moral damage and mere annoyance in consumer relations, especially in those judged resulting from indemnity actions. A historical analysis of the jurisprudence of the Superior Court of Justice on moral damage, especially in consumer claims, since the advent of the Consumer Code in 1990 was carried out. to the extent that the phenomenon of mere annoyance arose and began to gain strength in the jurisprudence, configuring specific situations within the consumerist field, as mere daily unpleasantness, not subject to indemnification.