From morality to damages the Portuguese-Brazilian origins of moral damages

Abstract

The article addresses the evolution of the concept of moral damages in the Portuguese and Brazilian legal systems, highlighting the relationship between morality and the protection of rights of personality. The paper also explores how morality, understood as a set of self-imposed general rules of behavior guided by the values of justice, prudence and benevolence, influences the perception of violations of personality rights as unjust and deserving of protection. The analysis concludes that the shift from a patrimonialist to a personalist perspective reflects the appreciation of rights of personality and the need for legal protection against immaterial harm.