A imprevisibilidade jurídica dos fornecedores do ramo moveleiro em relação às diferentes decisões indenizatórias por danos morais tomadas pelos tribunais brasileiros

Abstract

Many legal issues, among them, the different decisions for moral damages taken by the courts, are in need of harmonization, since there is no limitation in relation to the indemnity quantum, neither by the doctrine, nor by the jurisprudence, that is, the indemnity value is decided by the judge as he sees fit. The lack of legal predictability affects a great deal in Brazilian economic stability, since the big suppliers make several decisions, mainly financial, for the development and growth of their companies in relation to the condemnations applied. In any case, it should be pointed out that the compensation sum cannot be used as a means of illicit enrichment, but rather to repair damages that are proven and not merely alleged. Illegal enrichment causes enormous frustration for suppliers who were not prepared for a decision that violates the principle of legal certainty and good faith. Thus, the present work discusses the extent to which decisions for moral damages that are taken in a different way, but often involving similar or similar cases, affect the day-to-day business of furniture companies, and in what way this insecurity can be remedied aiming that companies can program their budget before the lawsuits, starting from the premise of the principle of legal certainty.(sic)