A reparação do dano moral coletivo como instrumento de tutela dos grupos vulneráveis

Abstract

Due to the quantitative and qualitative expansion in the doctrine of civil liability concerning to the recognition of new interests worthy of protection, especially of the collective nature, it is demanded to rethink about the eminently patrimonial1 structure of repair action. The groups considered as vulnerable remain in the condition of inequality, so that the damages are not uncommon, but often economically insusceptible and go far beyond the individual sphere of the people. Faced with this reality, we intend to demonstrate the efficiency of collective protection of repair action of extra-patrimonial damages caused by vulnerable groups, from the definition of such damages like offense to any of the substrates of human dignity, namely equality, liberty, psychophysical integrity and solidarity, pointing out also the instruments necessary for its actualization.