The value of moral damage compensatory actions measure to satisfy judicial policy or to drain out the right to a fair and comprehensive repair?

Abstract

The research that gave rise to this text was carried out by a bibliographical and legislative revision regarding the introduction, in the Brazilian Civil Procedure Code of 2015, of one specific determination: in moral damage compensatory actions, the author has to specify, at the beginning of the demand, the requested value. Such imposition has repercussion in the cause value, for all legal purposes, and ends up inhibiting the filing of compensatory actions. The text explores the controversy that arose from this legal provision, pointing out opposing and favorable arguments. It also intends to put under discussion this legislative innovation, weighting between its pros and cons. For  this purpose, the text combines the revision of published texts on the subject since the entry into force of said Code, with the examination of some decisions of STJ. We intend to raise reflections on the subject
placing in contraposition the proposal of a legislative policy that inhibits the filing of indemnity actions of exaggerated value, but which, on the other hand, may represent a weakening of the right to a fair and complete reparation of any damage, including moral damage, in the absence of legal objective criteria