Notas sobre o parágrafo único do artigo 944 do Código Civil

Abstract

The sole paragraph of art. 944 of the Brazilian Civil Code applies to the reparation of both moral and material damages, in the hypothesis when culpa levissima of the offender is configured and damages of enormous proportions are caused to the victim. Besides, the judgement of equity to which the article refers translates the need of the judge’s sensitivity towards other criteria, such as the economic condition of the victim and of the offender, that, in the concrete case, may authorize the reduction of reparation. The norm is restricted to the civil liability based on fault and comprehends the hypothesis of both contractual and non-contractual liability, but does not admit punitive damages in Brazilian law.