MITIGAÇÃO DO PRINCÍPIO DA REPARAÇÃO INTEGRAL DO DANO PELA REGRA DE REDUÇÃO EQUITATIVA DA INDENIZAÇÃO

Abstract

The principle of full compensation of damages seeks to guarantee full reparation by facilitating the
solution of damages, officially established by the Brazilian Civil Code of 2002 (CCB/2002). However, together
with the evolution of the principle of full compensation of damages, the rule of compensatory damages equitable
reduction was determined. These divergences led to a legislative paradox, which has been the target of countless
doctrinal productions. Considering these current discrepancies regarding the theme presented, the objective of this
paper was to evaluate the mitigation of the principle of full compensation of damages by the rule of equitable
reduction of compensatory damages. In order to achieve the goal of this article, the deductive method was adopted,
through documentary bibliographic research, developed from books, articles, monographs, dissertations, and
theses, addressing doctrines and jurisprudence related to the subject, as well as the analysis of legislation and
constitutional principles. The compensatory damages equitable reduction rule brings the so-called general clause
of compensation reduction due to an excessive disproportion between the fault and the extent of the damage, which
enables the application of the fault grading analysis in fixing the extent of the damage repair. There are different
views and interpretations on the application of the rule of equitable reduction of damages to the principle of full
compensation of damage, which can be found in court decisions available in databases. Therefore, this is a topic
that will still be much discussed, considering its different forms of interpretation and subjective criteria for the
establishment of the so-called excessive disproportionality.