Valoração do dano estético nos acórdãos do Tribunal de Justiça de Minas Gerais
Carregando...
Data
2013
Título da Revista
ISSN da Revista
Título de Volume
Editor
Resumo
Introduction: Currently, in Brazil, the value of compensation rate for off-balance impairments has been stipulated according
to judge’s conviction. However, these impairments are not measurable,
making necessary the use of specific parameters for
assessment and evaluation. Aims: To analyze the frequency of
aesthetic damages in the Court of Justice of Minas Gerais. Additionally,
to identify the parameters used by the judge in order to
stipulate the value of compensation rate. Material and methods:
Lawsuits of the Court of Justice of Minas Gerais, dating from
2009 to 2012, in which dentists were suited by patients, were
selected for detailed analysis and systematic interpretation. Results:
In 76 judgments, only the descriptive method was used
to stress the aesthetics damage. In relation to the frequency of
these impairments, considering the dentist’s acquittal, 94.3%
of the 35 judgments did not requested compensation rate for
aesthetic damages. On the other hand, considering the dentist’s
conviction, the compensation rate for aesthetic damages was
not requested in 63.4% of 41 judgments. In general, in 17.1%
of the judgments the compensation rate for aesthetics impairments
was requested, while into 19,5% of these judgments the
request was subjective. Conclusion: Most of the analyzed judgments
did not consider the aesthetic damage as a third type of
compensable impairment. In addition, an objective parameter
for the stipulation of compensation rates was not detected into
the judgments
Descrição
Palavras-chave
Avaliação de danos, Odontologia legal, Dano moral, Responsabilidade civil, Jurisprudência, Damage assessment, Moral damage, Forensic dentistry, Jurisprudence, Damage liability
Citação
BOUCHARDET, Fernanda Capurucho Horta et al. Valoração do dano estético nos acórdãos do TJMG. Robrac: revista odontologica do Brasil Central, Goiânia, v. 22, n. 63, p. 116-119, 2013.