A cláusula geral de redução da indenização: uma análise acerca da constitucionalidade e alcance do parágrafo único do artigo 944 do código civil.

Abstract

The present article aims to discuss issues related to the quantification of civil damages repair under the Civil Code of 2002, with special emphasis on the provision set forth in article 944, sole paragraph. It is intended, based on a bibliographical review on the subject, to present the controversies regarding the constitutionality of the aforementioned device and to approach its scope. It seeks to demonstrate that the so-called equitable indemnity is necessary to adjust the reparation of damages to the social reality, removing certain injustices arising from the unrestricted application of the principle of ample reparation, manifested in the correlation between indemnity quantum and extent of damage as a quantifying criterion of the value due by Author of the wrongdoing.