Reflections on the delimitation of the legal categories of collective moral damage and social damage

Abstract

The present study seeks to contribute to the legal dialogue regarding the admission of collective moral damage and its distinction in relation to social damage. Initially, the definition of collective moral damage in national legal doctrine is analyzed. Next, the journey taken in the Superior Court of Justice is reviewed in relation to the acceptance of the possibility of moral damages in its collective form, reached and verified the current stage of understanding on the subject. In the second part of the essay, Antônio Junqueira de Azevedo's contribution on social damage is presented, identifying his definition, and pointing out the criteria used to distinguish between collective moral damage and social damage.