THE DAMAGE TO LIFE PROJECT AND YOUR AUTONOMY IN FACE OF MORAL DAMAGES

• Autor(a) principal: Portugal, Carlos Giovani Pinto
• Data de Publicação: 2015
• Outros Autores: Pinheiro, Rosalice Fidalgo
• Tipo de documento: Artigo
• Idioma: por
• Título da fonte: Revista Brasileira de Direito Civil em Perspectiva
• Texto Completo: http://www.indexlaw.org/index.php/direitocivil/article/view/708
• topic: Damage to the life project, Moral damage, Fundamental rights; Dano ao projeto de vida, Dano moral, Direitos fundamentais

This paper aims to outline the autonomy of damage to the life project in the face of moral damage. Part of the paradox between the "further damage" and the insufficiency of "clear distinction" of damage to economic and moral. Criticizes the identification of moral damage to non-economics by the doctrine and Brazilian jurisprudence, as a factor of absorption of the damage to the project of life for moral damage. The conceptual recognition of the new figure follows two directions: the characterization of the life project at its core and the legal nature of damage to the person. For this purpose, the work chooses as theoretical mark personalism of Carlos Fernández Sessarego, when depositing the coexistence of the core life project "damage to the phenomenal freedom", and damage to the person qualifying its legal nature. The civil and constitutional perspective also appears to support the new hypothesis of damage in the aggression to free development of personality and the respect and protection of human dignity. If using the deductive method and procedure of the bibliographic the work plan is divided into four parts: (i) the life plan the free development of personality; (ii) the news damages and the damage to the life project; (iii) the absorption of the damage to the project of life for moral damage and (iv) the damage to the life project as damage to person.