Moral damage for loss of useful time in consumption relations

Abstract

This work presents the analysis of the jurisprudential treatment in Santa Catarina on the “time” factor as a compensable asset in consumer relations from the theories of productive diversion and punitive damages. The desvio produtivo theory considers that the complete repair of moral damages in these cases requires recognition, valuation and compensation for the time wasted in an attempt to resolve conflicts. On the other hand, punitive damages, or punitive convictions, serve as a form of punishment to the supplier for the damage caused to the consumer, not necessarily from wasted time, but for the purpose of stopping the abuses practiced. The main objective of the research was to analyze the variables considered for compensation for wasted time in consumer relations. The work methodology is predominantly qualitative, with a deductive approach, and the main methodological tools were bibliographic research, document analysis and discourse analysis. The research sources were books, articles and judgments of the Court of Justice of Santa Catarina, using the filter “desvio produtivo” and “punitive damages”. In addition to the divergences in the grounds for the decisions, it was found that the standards considered in setting the indemnity are not clear, which hinders the analysis of the impact of each theory on the indemnity amount.