The trivialization of the principle of human dignity in the awarding of moral damage for traffic accident

Abstract

This article presents the contours of the principle of human dignity and moral damages, focusing the analysis on their recognition in traffic accidents by the Brazilian judiciary. Moral damages arise from the violation of personality rights, whose essence is human dignity, the foundation of the Republic and the legitimizer of the legal order. Accordingly, the awarding of compensation for moral damages, as a reparative and pedagogical measure, should be limited to cases of actual violation of personality rights, under the risk of trivializing the constitutional principle. The objective of this study was to analyze, using an exploratory methodology with qualitative analysis of information, whether the recognition of moral damages in traffic accidents without non-material harm is reasonable, proportional, and appropriate, or if it constitutes an affront to the principle of human dignity. Based on the bibliographic review, the concepts of human dignity and moral damages were understood and projected onto traffic accident situations, allowing for a critical analysis of concrete cases. It is concluded that moral damages are recognized discretionarily by the Brazilian judiciary, according to the reprehensibility of the conduct as perceived by the judge, without basis in an actual violation of personality rights. Thus, the use of moral damages as a sanctioning instrument, detached from its constitutional origin, reveals a concerning trivialization of the principle of human dignity.