CRITERIA FOR COMPENSATION FOR AESTHETIC DAMAGE IN STJ CASE LAW AND COMPATIBILITY WITH THE PRINCIPLE OF HUMAN DIGNITY

Abstract

This study analyzes the compensatory criteria applied to aesthetic damage in the case law of the Brazilian Superior Court of Justice (STJ), examining their relationship with the principle of human dignity. Through a qualitative, critical-analytical and jurisprudential approach covering the period from 1994 to 2025, the research investigated the consolidation of aesthetic damage as an autonomous category following STJ Precedent No. 387 and identified objective and subjective factors used in determining compensation (quantum indenizatório). The findings indicate that the Court frequently employs the two-step method to rationalize judicial assessment, seeking to reconcile consistency with individualized reparation. The analysis also revealed variations in the degree to which criteria are explicitly justified and in how constitutional principles are connected to damage quantification. The study concludes that there is room for greater argumentative density in judicial reasoning, particularly through clearer explanation of the relationship between physical injury and its repercussions on the victim's autonomy, identity and social participation, thereby promoting greater predictability and reinforcing full compensation within civil liability.