Valoração do dano estético nos acórdãos do Tribunal de Justiça de Minas Gerais

Abstract

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