The overcoming of the "mere annoyance" argument promoted by the Theory of Productive Consumer Deviation in Brazilian jurisprudence

Abstract

The article examines the expansion of the concept of moral damage in Brazil in recent years, which is allowing the identification of new categories of non-pecuniary losses and the independent compensation of more than one type of them. Next, the article analyzes the overcoming of the “mere annoyance” argument promoted in the country’s case law by the Diversion of the Consumer’s Productive Resources Theory, which has identified and valued the consumer’s time as a legally protected immaterial interest and, as of 2012, gave rise to the gradual development of a new national case law.