A tríplice função do dano extrapatrimonial na área consumerista

Abstract

Abstract: The finality of this scientific article is to demonstrate the indemnities quantification difficulty, using processed cases from the Superior Court of Justice, as well as the triple function of off-balance sheet damage and its application importance in the consumer area. Due to this gauging difficulty, many people have been and are being harmed, suffering damages related to their personality rights, without even receiving a compensation or a way to minimize and repair the event. Meanwhile, people who have caused this damages remain unscathed, proliferating continuously the personality right violation. In the course of this work, three essential factors will be presented for the correct application of the off-balance sheet damage and the best way to it be quantified. For that, we used the dialectical and the comparative methods, and the non-empirical type of research, more precisely the bibliographic research.dialectical and comparative methods, and the type of non-empirical research , but precisely the bibliographical one.