The evolution of the reparation of moral damages in doctrine and jurisprudence. Criminal, civil and comparat law issues
The evolution of the reparation of moral damages in doctrine and jurisprudence. Criminal, civil and comparat law issues

Summary/Abstract: Moral prejudice, defined in the doctrine of law and in jurisprudence as "any viola-tion of one of the prerogatives that constitute the attribute of human personality and which is manifested by physical or moral suffering, which the victim feels", protects values without economic content and is an element of privacy, which falls within the scope of art. 8 of the European Convention for the Protection of Human Rights. Representing values defended by the Constitution and national laws, the existence of the damage is limited to the condition of reasonable assessment, on an appropriate fair basis of the real and effective damage caused to the victim. The evolution of the reparation of the moral damage in legislation, doctrine and jurispru¬dence has undergone changes, in certain periods not being recognized the right to repair it.

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