A história da reparabilidade do dano moral no direito civil brasileiro: de Freitas a Bevilaqua

Abstract

This research investigates the history of the possibility of the recovery of general (hedonic) damages in Brazilian Law, with emphasis on a time period which starts with the work of Freitas and finishes with Bevilaqua's Civil Code. At first, it analyses the bases of the subject in Roman and German Laws main sources of Portuguese Law and, therefore, of Brazilian Law. It then examines how such subjects were received by the "Ordenações do Reino" (Kingdom's Statutes), especially the "Ordenações Filipinas" (King Philip's Statutes). Next, it analyses the influence of legal rationalism on the possibility of recovery of general damages. Afterwards, dealing specifically with Brazilian Law, it investigates the possibility of recovery of general damages in the work of Freitas, in the Civil Code projects of Nabuco de Araujo, Felicio dos Santos and Coelho Rodrigues; in Bevilaqua's Civil Code and in other relevant works of the period.