HOW MUCH IS A LIFE WORTH? THE CRITERIA FOR ESTABLISHING MORAL DAMAGES IN TRAFFIC ACCIDENTS

Abstract

This article sought to discuss the emerging growth of traffic accidents that end up resulting in moral damages, which in some cases has been raising an increasing understanding of civil liability. In this way, the objective is to carry out a bibliographical survey about civil liability in traffic accidents, as well as the specific objectives that encompass a theoretical analysis on civil liability and decisions of the STJ, it is also intended to define guilt and willful misconduct; address legal understanding of illicit enrichment for moral damages. The interest in this theme is due to the accident rate that has increased, in many cases, bringing extreme consequences for the victims, especially death. A literature review was used as a research methodology in the main scientific databases and jurisprudence to obtain the expected results regarding the analyzed studies that reveal that the law protects cases of traffic accidents in which the damage is materialized and proven, where the perpetrator who performed such an act is responsible for repairing the damage suffered by the victim, regarding the quantum of indemnity, this will be evaluated by the judge who will make the decision based on the facts; evidence provided by the victim or family members, as well as expert reports.