Multiple non-pecuniary damages - unity of facts, plurality of legal interests, and the constitutional limits of cumulative compensation comments on AgInt in REsp No. 2065899/TO and REsp No. 1968131/MG

Abstract

This article examines the issue of multiple non-pecuniary damages from an explicitly constitutional perspective. Based on a comparative analysis of two decisions rendered by the Superior Court of Justice, the study investigates how the Brazilian Constitution guides the legal treatment of situations in which a single factual event may result in the violation of multiple existential legal interests. The analysis deliberately avoids terminological disputes regarding the classification of damages and focuses instead on the normative framework that conditions the admissibility of cumulative compensation, in light of the principles of human dignity, full reparation, and the prohibition of bis in idem. It is argued that the possibility of cumulation does not arise from the abstract multiplication of damage labels, but from the concrete demonstration of autonomous injuries to constitutionally protected legal interests, which requires careful attention to the formulation of the claim, the cause of action, and the reasoning of judicial decisions. The article concludes that an adequate approach to multiple non-pecuniary damages demands a systematic reading that integrates substantive law, procedural technique, and constitutional principles.