Social damages: a new separate category of indemnificable damages

Abstract

The present research deals with social damages, especially regarding the need to recognize these damages by the legal system as an autonomous institute, and not as a synonym of diffuse damages or collective moral damages. For that, brief considerations about the institute of damages, its types and characteristics with a focus on the doctrinal construction of social damage are necessary, as well as the importance of social damages to repair injuries to the collective and how this institute has been applied in the Courts. The theme is of paramount importance considering the need to repair certain damages that directly affect the quality of life of society. It remains to be noted that social damages constitute a new category of damages, whose characteristics are: autonomous, immaterial, and reduce the quality of life of the community. In corroboration with the need to recognize this new category of damages, the judiciary has been recognizing social damages, especially in the context of Covid-19, as well as the doctrine, and in this way it is able to achieve the principle of full reparation and repair the damages suffered. by the community and also to curb the reiteration of harmful conduct. Finally, it should be noted that compensation for social damage may or may not be combined with other types of damages