Poderes do juiz na ação coletiva: a imposição das indenizações por dano moral coletivo e dano social e a mitigação do princípio da congruência

Abstract

This study aims at examining major aspects of collective rights and civil liability in the legal system. Within the concept of compensatory damage, this research will address collective moral damage and social damage. It will also approach the main aspects related to the dispute concerning their characterization as far as doctrine and jurisprudence are concerned. Since there is no consensus on these kinds of damage and resulting compensations, this issue is of particular interest to scientific research. In this context and through the collective micro system resulting from a dialogue between the Public Civil Action Law and Consumer Protection Code, this investigation will seek to demonstrate, supported by positive law, that the characterization and remedying of collective moral damage and social damage result from a systematic construction between substantive and procedural rules. This research will initially focus on such an approach, starting from the investigation on the possibility of characterization and compensation for collective moral damage and social damage and then approaching the relevant principles to collective action. Once it is the established the possibility of characterization of both the damage in question and the limits within which such a characterization is admissible, the research will focus on the possibility of mitigating the principle of congruence when the imposition for mitigation for collective moral damage and social damage, in the light of the principles inherent to the collective protection, of the assumptions set forth by the new Civil Procedure Code and based on the integrity and coherence of the system