The need for a true constitutional look at the action for recovery of immaterial damage

Abstract

The sense of failure of Tort Law to regulate damages derived from the violation of personality rights is the argument of those who advocate that the institutes available to Tort Law, until now, have not been able to either restrain or reduce the practice of new wrongful acts. Much is resolved when one accepts that the issue is rooted in the fact that the Federal Constitution occupies a higher rank than the Private Law regarding the hierarchy of norms. It is decisive to know the safest way to guarantee both the enforcement and the effectiveness of the action for recovery of damages, particularly the immaterial ones, and whether a truly constitutional look at the theme is able to change the issue.