The absence of mere annoyance within the scope of civil liability functions and its implications in cases of recurring damages

Abstract

This study offers a critical analysis of the evolution of the functions of civil liability, emphasizing the imperative of harmonizing it with the interpretation of new categories of damages and emerging legal situations. We initially observe paradigmatic shifts in the dynamics of civil liability, correlating them with its essential functions, which serve as the foundation for a robust legal hermeneutics attuned to contemporary social aspirations. In this context, a reassessment of the jurisprudential approach to so-called "mere annoyance," a topic of extensive debate in Brazilian courts, is pressing. It is argued that massified and repeated damages should be subject to compensation, albeit at reduced values, as a way to realize the preventive and punitive functions of civil liability. The adopted methodology is hypothetical-deductive, underpinned by an extensive bibliographic review and document analysis, aiming for a scientific approximation of law to factual reality.