Trabalho de Conclusão de Curso de Graduação
Duas visões sobre dano moral: o dano moral no Brasil e no direito talmúdico
Autor
Pomagerski Júnior, Antônio
Institución
Resumen
This paper investigates the differences of approach between Brazilian Civil Law system and Talmudic Law‟s regarding the treatment given to the institute of personal injury, the rules for its translation into a monetary expression and the possibility for each legal system to produce rulings for actual cases which may be, at the same time, adapted to the particularities of each given event and, also, equitable and coherent regarding other rulings for substantially similar cases. From this study, led by the method of dialectical comparison between both legal systems, we can identify the evident difficulties met by Brazilian legal system to avoid falling, on one hand, into exceedingly positivistic interpretations (which often fail to take into account the particularities of each legal case), and, on the other hand, into interpretations led by little more than subjective choices of the interpreter (open, on its turn, to being hijacked by judicial activism, or to generating too different rulings even in similar cases, which are factors of juridical insecurity). In this context, we can see that Talmudic law‟s approach, by analyzing each event according to objective criteria, can offer tools to improve the treatment given by Brazilian law to the theme of personal injury.