Fases e faces do dano moral nos juizados especiais civeis

• Ano de defesa: 2017
• Autor(a) principal: Jesus, Morgana Neves de
• Tipo de documento: Dissertação
• Tipo de acesso: Acesso aberto
• Idioma: por
• Instituição de defesa: Universidade Federal do Espírito Santo; BR; Mestrado em Direito Processual; Centro de Ciências Jurídicas e Econômicas; UFES; Programa de Pós-Graduação em Direito Processual
• Palavras-chave em Português: Moral damage; Civil small claims courts; Legal and social actors; Phases and faces of judicial proceedings; Atores jurídicos e sociais; Fases e faces do procedimento judicial; Dano moral; Juizados especiais cíveis; Função judicial; Direito Processual Civil; 340
• Link de acesso: http://repositorio.ufes.br/handle/10/8834

Phases and Faces of Moral Damage in Civil Small Claims Courts performs a qualitative trans-disciplinary analysis - with critical-descriptive observations and participation - of the sample of particular data in a specific and localized legal environment, which is directed to general findings. It aims at reading the factual problematic setting of the contrary relations that are established in the concrete reality of the judicial demands on moral damage. It presents the process of constructing the images, ideas and meanings of moral damage, from the last decades of the last century to the present decade, permeating the notions objectified in the time-space dynamics experienced by social actors, threefold conditioned by the internal logic of legislation, doctrine and jurisprudence. It examines the various faces of the moral damage that appears in each procedural phase of the Small Claims Court of Serra, be these phases pre-procedural or procedural, such as line, reception, service, complaint, filing, settlements, evidentiary and trial hearings. And it shows that the face of moral damage in each of these phases may vary depending on the social actors involved in the legal procedural relation. For this purpose, data triangulation strategy was used, based on the collection of information from multiple sources, such as interviews, observations and analysis of documents, for a minimum period of 12 (twelve) months. It is concluded that moral damage takes on different images, depending on the procedural face in which it is analyzed, as well as on the actors involved in this relationship. It was also noted that there is no ready and finished concept about the institution, but rather a political-judicial conformation, or one may say, a pattern, about what is now moral damage and what goes into the category of mere annoyance, or that is to say, standardization of the injuries that are recognized to the obligation to indemnify and the injuries with which one must accustom to live in this risk society. Finally, it is believed - based on the data collected in the complex concrete reality verified - that the results obtained do not differ from those of the absolute majority of the Brazilian Small Claims Courts in matters of moral damage; and this cut may be extended paradigmatically to the whole country. Keywords: Moral damage. Civil Small Claims Courts. Legal and social actors. Phases and faces of judicial proceedings.