The Need to Identify Existential Damage in Civil Liability

Abstract

Directly related to the existentialist philosophy, the existential damage manifests itself in foreign doctrine and jurisprudence as "damage to the relationship life" or to the "life project" and in Brazil it is positivized in “art. 223-B” of the “CLT”. As there is no express mention of this type of damage in civilist legislation, there is resistance to recognize it as autonomous damage. Adopting constitutional civil law as a scientific analysis methodology, it is intended to demonstrate that existential damage is autonomous in relation to moral damage and must be repaired for the purposes of “art. 944 of the CC”. In the alternative, for those who refute this position, aim to show that the identification of violated interests is necessary for the victim to be properly repaired. The results will be achieved through theoretical-dogmatic research, with contributions from foreign experience. The research method also involves the structural and functional analysis of the main elements of the civil liability legal relationship, with emphasis on the protected legal asset and the reparation legal standard.