Dano moral à pessoa jurídica: a trajetória do instituto em relação à pessoa jurídica de direito público

Abstract

The decision on the moral damage that can victimize a legal entity governed by public law gained a new understanding from the Precedent of the Superior Court of Justice (STJ), after the judgment of Special Appeal n. 1,722,423/RJ in December 2020, known as the Jorgina de Freitas Case, referring to the fraud committed against the National Institute of Social Security (INSS) in the 1990s. Brazilians, this possibility was never recognized by the egregious court. In this sense, this work aims to demonstrate the historical and legal evolution of moral damage to legal entities governed by public law, the respective importance of protecting the objective honor and institutional credibility of legal entities governed by public law. As a methodology, qualitative empirical research is used with a case study. It was found that from this decision, a judicial precedent established by the STJ arises in the sense that the Legal Entity of Public Law is entitled to compensation for moral damages related to the violation of honor or image, when the institutional credibility is strongly attacked and the damage reflection on other jurisdictions in general is evident.