Evolução jurisprudencial do dano moral coletivo: da inexistência de dano moral transindividual ao dano moral coletivo puro

Abstract

In view of the necessary discussion about the Collective Moral Damage Institute, as well as the idea of collective moral damage itself, a complete analysis is made on the subject, using bibliographic research as a methodology to understand from the basic concepts for its emergence , supported by carrying out qualitative and quantitative analysis on the jurisprudential bases of the Supreme Federal Court and the Superior Court of Justice, in order to understand the legal effectiveness of the institute. The objective is, therefore, to demonstrate the inadmissibility of the institute in face of the imprecision of its conceptualization, both in doctrine and in the jurisprudence of the higher courts in Brazil. In addition to this, and as a consequence of the aforementioned, the dissonance in the allocation of a legal nature, hindering, by logical consensus, the implementation of the principle of legal certainty, thus generating the possibility, even, of bis in idem in a scenario to be exposed. In the end, it is concluded, in a detailed way, by the ineptitude of the Collective Moral Damage Institute, due to the detailed reasons.