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Este trabalho almeja analisar criticamente a decisão proferida pelo Superior Tribunal de Justiça no Agravo em Recurso Especial n° 2.130.619/SP, concentrando-se em duas questões: a (não) taxatividade do rol de dados sensíveis estabelecido pela Lei Geral de Proteção de Dados (LGPD) e a (des)necessidade de comprovação de dano em casos de vazamento de dados. Justifica-se o trabalho na medida em que o advento da LGPD e o reconhecimento do direito à proteção de dados como direito fundamental dão origem à necessidade de revisitar conceitos e interpretações ante a configuração social informacional para assegurar a plena eficácia dos direitos humanos e fundamentais na era da informação. A análise revela a inadequação da abordagem adotada pelo tribunal em ambas as questões. Quanto à taxatividade normativa, argumenta-se que a proteção de dados sensíveis deve ser contextualizada, considerando os riscos e danos envolvidos no processamento dos dados em cenários específicos, ao invés de basear a avaliação de sensibilidade na natureza dos dados. Já em relação à presunção de dano, defende-se que o vazamento de dados, por si só, constitui o dano aferido, dispensando-se a necessidade de comprovar danos decorrentes para que se determine a responsabilização. Os resultados destacam a necessidade de uma abordagem ampla e contextualizada, bem como uma reflexão crítica por parte do STJ e outros tribunais brasileiros, a fim de fortalecer a cultura jurídica nacional de proteção de dados pessoais e evitar sua obsolescência diante dos desafios impostos pela sociedade informacional.

O presente estudo tem por objetivo ensaiar uma crítica da responsabilidade civil extrapatrimonial, a propor reflexão a respeito de seus conceitos técnico-operativos mediante a problematização de seus fundamentos filosóficos e sociológicos, cuja explicação é comumente dispensada pela civilística, que os aceita como (auto)evidentes. Assim, o ensaio põe em questão as representações cotidianas produzidas a respeito do instituto, a partir das quais as categorias tradicionalmente manejadas pela civilística obtêm sua plausibilidade. Nesse sentido, o estudo procura investigar, mediante o arsenal teórico da crítica da economia política, sobre a gênese categorial da personalidade em sentido objetivo, isto é, como o conjunto de atributos da pessoa humana considerada como objeto de proteção pelo ordenamento. Na sequência, analisará a maneira pela qual as predicações humanas passam a ser juridicizadas, assumindo a forma de direitos da personalidade, de modo a investigar de que maneira a personalidade – atributo eminentemente social que se apresenta como propriedade natural e intrínseca à pessoa humana – configura dimensão constitutiva do imaginário social próprio da modernidade, encontrando neste momento histórico sua gênese e na predicação proprietária a sua forma de aparição social fetichizada. Por fim, o ensaio analisa, a partir da teoria do valor e da financeirização, a função que a responsabilidade civil extrapatrimonial materialmente exerce na sociedade contemporânea, isto é, a maneira pela qual o instituto se insere na reprodução sócio-jurídica do capitalismo pós-fordista do primeiro quarto do século XXI.

Objective: Refugees flee from countries due to war, violence, or persecution and are often exposed to potentially traumatic events (PTEs). Furthermore, they might encounter situations where they are compelled to act contrary to their moral codes or witness others acting morally wrong. Consequently, they are at risk to not only develop symptoms of posttraumatic stress disorder (PTSD), but also moral injury (MI). To date, MI in traumatized refugees has received limited research attention. The present study sought to identify classes of MI appraisals and PTSD symptoms among refugees exposed to PTEs and to investigate differences between these classes in terms of demographics, general psychopathology, and depression.Method: For this study, 136 treatment-seeking refugees completed questionnaires on demographics, self-directed and other-directed MI appraisals, PTSD symptoms, general psychopathology, and depression. Latent profile analysis was conducted to identify classes and regression analyses to explore differences between classes in terms of age, gender, general psychopathology, and depression.Results: The following three classes were identified: a ‘below average MI and below average PTSD class’ (39%), an ‘average MI-self, below average MI-other and low PTSD class’ (10%) and an ‘above average MI and above average PTSD class’ (50%). Classes differed in terms of general psychopathology and depression but not age and gender.Conclusions: We identified three classes, each displaying distinct manifestations of MI appraisals and PTSD symptoms. This highlights the importance of assessing and recognizing MI appraisals within treatment-seeking refugees, enabling customized treatment interventions for both MI and PTSD.

ABSTRACTBackground: Combatants who are exposed to events that transgress deeply held moral beliefs might face lasting psychopathological outcomes, referred to as Moral Injury (MI). However, knowledge about pre-deployment factors that might moderate the negative consequences of MI is sparse. In this prospective study, we examined pre-enlistment characteristics and pre-deployment personality factors as possible moderators in the link between exposure to potentially morally injurious events (PMIEs) and psychiatric symptomatology among Israeli active-duty combatants.Methods: A sample of 335 active-duty Israeli combatants participated in a 2.5-year prospective study with three waves of measurements (T1: 12 months before enlistment, T2: Six months following enlistment – pre-deployment, and T3: 18 months following enlistment – post-deployment). Participants’ characteristics were assessed via semi-structured interviews (T1) and validated self-report measures of personality factors: emotional regulation, impulsivity, and aggression (T2) and combat exposure, PMIEs, psychiatric symptomology and posttraumatic symptoms (T3) between 2019 and 2021.Results: Pre-enlistment psychiatric difficulties and negative life events contributed to higher exposure to PMIEs post-deployment. Higher levels of pre-deployment aggression and lower levels of emotional regulation and impulsivity moderated the association between betrayal, PMIEs and psychiatric symptomology post-deployment, above and beyond pre-enlistment psychiatric difficulties and life events.Conclusions: Our results highlight that pre-deployment emotional regulation, impulsivity and aggressiveness levels should be assessed, screened, and identified among combatants, as they all facilitate psychiatric symptomology (and PTSS) after combatants are exposed to PMIEs of betrayal. Such pre-assessment will enable the identification of at-risk combatants and might provide them with tailor-made preparation regarding moral and ethical situations that should be investigated in future research.

El objetivo principal fue determinar los fundamentos para aplicar el criterio punitivo en la cuantificación del daño moral como un medio para reforzar la tutela de los derechos fundamentales de la víctima en el Perú. Con ello, se pretende sustentar que, ante la imposibilidad de utilizar los daños punitivos al no haber sido introducidos en nuestro sistema por una ley, se puede utilizar la cuantificación del daño moral para otorgar un resarcimiento sancionador como un medio para reforzar la tutela de los derechos fundamentales de la víctima. Para llevar a cabo lo anterior se ha utilizado un método de investigación socio-jurídico (destinado analizar casos reales como son las sentencias) y dogmático-jurídico (destinado a analizar los fundamentos jurídicos del daño punitivo y el daño moral), a fin de cumplir con el objetivo propuesto. Por último, se presentan algunas aproximaciones a modo de conclusión.

This commentary aims to analyze Ruling No. 83/2022 of Uruguay's 3rd Civil Appeals Court concerning a moral damage claim brought by the relatives of a deceased individual whose mutilated image was shared on YouTube. The analysis includes a review of the case, in which the victim's spouse and minor child sought $50,000 in damages. The Court upheld the illicit nature of the defendants' actions, emphasizing that disseminating images without consent violates the rights to privacy and image and is not justified by public interest. The Court concluded that the defendants are liable for the viralization of the content, as their actions were negligent and the resulting harm foreseeable. [ABSTRACT FROM AUTHOR]

Copyright of Araucaria is the property of Araucaria-Revista Iberoamericana de Filosofia, Politica y Humanidades and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

En este estudio se planteó como objetivo el conocer y analizar el daño psíquico derivado de la victimización con fines de investigación judicial; esto, con el propósito de proponer un tratamiento y reparación del daño adecuado. Se revisó 9 casos de mujeres víctimas de trata de personas con fines de explotación sexual, quienes se encontraban en un refugio especializado en la trata de personas. Para la investigación, se realizó un análisis clínico basado en pruebas psicológicas y entrevistas a profundidad. Los resultados revelaron una alta prevalencia de lesiones psíquicas, incluyendo el Trastorno de Estrés Postraumático y secuelas psíquicas de importancia clínica; por ello, se recomendó el uso de la terapia cognitivo-conductual centrada en el trauma, así como la terapia de desensibilización y reprocesamiento del movimiento ocular. Además, se resaltó la importancia de brindar medidas de asistencia integral y un seguimiento adecuado a las víctimas y se enfatizó en la relevancia de los dictámenes psicológicos para llevar a cabo la reparación del daño en consideración de las implicaciones del daño psíquico a corto, mediano y largo plazo. De esta manera, se busca que la reparación no se limite a un número fijo de sesiones terapéuticas, sino que se contemplen todas las implicaciones que las secuelas psíquicas provocan en las víctimas.

El presente artículo tiene como objetivo determinar si es factible el resarcimiento del daño moral, fruto de la rescisión del contrato de trabajo. Metodológicamente, es un estudio con enfoque cualitativo, aplicando los métodos: inductivo – deductivo, además del histórico–lógico, al ser necesario un estudio minucioso en torno a la rescisión del contrato laboral y al daño moral, con los supuestos para la existencia y relación de ambos. Comprendiendo que la rescisión implica la acción de finalizar el vínculo laboral de manera consensuada o por discrecionalidad de una de las partes, para pasar a un enfoque de las situaciones que conlleven a una afectación a derechos personalísimos, abriendo la posibilidad de incurrir en un daño moral, que debe ser resarcido mediante una indemnización y el resto de compensaciones no pecuniarias de ser procedente, debido al restitutio in integrum o restitución plena. Sin embargo, frente al daño moral esta es subjetiva. Concluyendo que la posibilidad de rescisión de un contrato puede atender a causales injustificadas, imputaciones injuriosas o el incumplimiento contractual en el marco de la afectación de derechos personalísimos, por lo que incluye al trabajador y empleador, debiéndose justificar la existencia del daño y su vínculo con el elemento fáctico.

Psychosocial, violence and health conditions at work are a moral problem. This conclusion results from an ethical reflection in the light of critical thinking, with adherence to the seven universal intellectual standards, which is inscribed within a frame or framework of understandable, reasoned and argued ethical rationality that aims to be free of reasoning vices, which includes the concept of moral damage (moral dommage) and recognizes the proven fact that "all work is dangerous." To this end, it examines academic research that demonstrates harm attributable to work that affects life, health, physical integrity, honor, image, privacy and personal feelings, being clear about the "duty" that workers, Without exception, they have the right to the highest level of protection against any risk and that business owners, within the new responsibilities resulting from current progress, have the "duty to do" of guaranteeing maximum security against risks, regardless its origin. [ABSTRACT FROM AUTHOR]

Certain crimes, due to their seriousness and the legal right attacked, are likely to generate what is known as non-pecuniary damage. Unlike other damages, such as material or bodily damage, there are no scales or a substantive legal body that objectively allow its quantification, for which reason the jurisprudence has been outlining a series of criteria in order to determine the existence, proof and quantification of that moral damage. Currently, the Supreme Court has been using a series of theories that seek to compensate the victim in the most complete way possible. These theories mainly are the theory of irreversible damage; the before and after theory; and the victim impact statement. This paper also analyzes the difficult differentiation between mental damage and psychological damage, the evidence criteria, as well as the main arguments accepted for the subsequent presentation of an appeal. [ABSTRACT FROM AUTHOR]

Background: As armed conflict grows increasingly complex, the involvement of children in armed violence across diverse roles is rising. Consequently, military personnel are more likely to encounter children during deployment. However, little is known about deploymentrelated encounters with children and their impact on the mental health of military personnel and Veterans. Objective: This study qualitatively examines the nature and impacts of deployment-related encounters with children. Methods: We conducted semi-structured interviews with 16 Canadian Armed Forces Veterans, eliciting rich information on the nature of child encounters on deployment, the psycho-socialspiritual impacts of these encounters, and perceptions of support. Interview transcripts were analysed using thematic analysis. Results: Six primary themes were identified: types of encounters (i.e. factual aspects of deployment-related encounters with children), contextual factors (i.e. aspects of the mission, environment, and personal context relevant to one’s experience of the encounter), appraisals of encounters (i.e. sensory or sense-making experiences relevant to the encounter), impacts of encounters (i.e. psycho-social, existential, and occupational impacts), coping strategies engaged in both during and after deployment, and support experiences, describing both formal and informal sources of support. Conclusions: Encounters with children are diverse and highly stressful, resulting in impacts pertinent to mental health, including psychological and moral distress, and difficulties with identity, spirituality, and relationships. These impacts are prompted by complex interactions among appraisals, expectations of morality, cultural norms, and professional duties and are amplified by various personal factors (e.g. childhood maltreatment history, parenthood), feelings of unpreparedness, and lack of post-deployment support. Implications for prevention, intervention, and policy are discussed with the aim of informing future efforts to safeguard and support military personnel facing a high likelihood of encounters with children. [ABSTRACT FROM AUTHOR]

Background: Healthcare workers (HCWs) across the globe have reported symptoms of PostTraumatic Stress Disorder (PTSD) during the COVID-19 pandemic. Moral Injury (MI) has been associated with PTSD in military populations, but is not well studied in healthcare contexts. Moral Distress (MD), a related concept, may enhance understandings of MI and its relation to PTSD among HCWs. This study examined the independent and combined impact of MI and MD on PTSD symptoms in Canadian HCWs during the pandemic. Methods: HCWs participated in an online survey between February and December 2021, with questions regarding sociodemographics, mental health and trauma history (e.g. MI, MD, PTSD, dissociation, depression, anxiety, stress, childhood adversity). Structural equation modelling was used to analyze the independent and combined impact of MI and MD on PTSD symptoms (including dissociation) among the sample when controlling for sex, age, depression, anxiety, stress, and childhood adversity. Results: A structural equation model independently regressing both MI and MD onto PTSD accounted for 74.4% of the variance in PTSD symptoms. Here, MI was strongly and significantly associated with PTSD symptoms (β = .412, p < .0001) to a higher degree than MD (β = .187, p < .0001), after controlling for age, sex, depression, anxiety, stress and childhood adversity. A model regressing a combined MD and MI construct onto PTSD predicted approximately 87% of the variance in PTSD symptoms (r² = .87, p < .0001), with MD/MI strongly and significantly associated with PTSD (β = .813, p < .0001), after controlling for age, sex, depression, anxiety, stress, and childhood adversity. Conclusion: Our results support a relation between MI and PTSD among HCWs and suggest that a combined MD and MI construct is most strongly associated with PTSD symptoms. Further research is needed better understand the mechanisms through which MD/MI are associated with PTSD. [ABSTRACT FROM AUTHOR]

Background: Police officers encounter various potentially traumatic events (PTEs) and may be compelled to engage in actions that contradict their moral codes. Consequently, they are at risk to develop symptoms of Posttraumatic Stress Disorder (PTSD), but also moral stress or moral injury (MI). To date, MI in police officers has received limited attention. Objective: The present study sought to identify classes of MI appraisals and PTSD symptoms among police officers exposed to PTEs, while also investigating potential clinical differences between these classes. Method: For this study, 421 trauma-exposed police officers were assessed on demographics and several clinical measurements including MI appraisals (self-directed and other-directed), PTSD severity, and general psychopathology. Latent class and regression analyses were conducted to examine the presence of different classes among trauma-exposed police officers and class differentiation in terms of demographics, general psychopathology, PTSD severity, mistrust, guilt, self-punishment, and feelings of worthlessness. Results: The following five classes were identified: (1) a ‘Low MI, high PTSD class’ (28%), (2) a ‘High MI, low PTSD class’ (11%), (3) a ‘High MI, high PTSD class’ (17%), (4) a ‘Low MI, low PTSD class’ (16%), and (5) a ‘High MI-other, high PTSD class’ (27%). There were significant differences between the classes in terms of age, general psychopathology, PTSD severity, mistrust, guilt, and self-punishment but no differences for gender and feelings of worthlessness. Conclusion: In conclusion, we identified five classes, each exhibiting unique patterns of cognitive MI appraisals and PTSD symptoms. This underscores the criticality of measuring and identifying MI in this particular group, as it allows for tailored treatment interventions. [ABSTRACT FROM AUTHOR]

Background: During the COVID-19 pandemic, health-care workers (HCWs) may have been confronted with situations that may culminate in moral injury (MI). MI is the psychological distress that may result from perpetrating or witnessing actions that violate one’s moral codes. Literature suggests that MI can be associated with mental health problems. Objective: We aimed to meta-analytically review the literature to investigate whether MI is associated with symptoms of posttraumatic stress disorder (PTSD), anxiety, depression, burnout, and suicidal ideation among active HCWs during the COVID-19 pandemic. Method: We searched eight databases for studies conducted after the onset of the COVID-19 pandemic up to 18 July 2023, and performed random-effects meta-analyses to examine the relationship between MI and various mental health outcomes. Results: We retrieved 33 studies from 13 countries, representing 31,849 individuals, and pooled 79 effect sizes. We found a positive association between MI and all investigated mental health problems (rs = .30–.41, all ps < .0001). Between-studies heterogeneity was significant. A higher percentage of nurses in the samples was associated with a stronger relationship between MI and depressive and anxiety symptoms. Samples with a higher percentage of HCWs providing direct care to patients with COVID-19 exhibited a smaller effect between MI and depressive and anxiety symptoms. We observed a stronger effect between MI and PTSD symptoms in US samples compared to non-US samples. Conclusion: We found that higher MI is moderately associated with symptoms of PTSD, anxiety, depression, burnout, and suicidal ideation among HCWs during the COVID-19 pandemic. Our findings carry limitations due to the array of MI scales employed, several of which were not specifically designed for HCWs, but underscore the need to mitigate the effect of potentially morally injurious events on the mental health of HCWs. [ABSTRACT FROM AUTHOR]

Background: Combatants who are exposed to events that transgress deeply held moral beliefs might face lasting psychopathological outcomes, referred to as Moral Injury (MI). However, knowledge about pre-deployment factors that might moderate the negative consequences of MI is sparse. In this prospective study, we examined pre-enlistment characteristics and pre-deployment personality factors as possible moderators in the link between exposure to potentially morally injurious events (PMIEs) and psychiatric symptomatology among Israeli active-duty combatants. Methods: A sample of 335 active-duty Israeli combatants participated in a 2.5-year prospective study with three waves of measurements (T1: 12 months before enlistment, T2: Six months following enlistment – pre-deployment, and T3: 18 months following enlistment – postdeployment). Participants’ characteristics were assessed via semi-structured interviews (T1) and validated self-report measures of personality factors: emotional regulation, impulsivity, and aggression (T2) and combat exposure, PMIEs, psychiatric symptomology and posttraumatic symptoms (T3) between 2019 and 2021. Results: Pre-enlistment psychiatric difficulties and negative life events contributed to higher exposure to PMIEs post-deployment. Higher levels of pre-deployment aggression and lower levels of emotional regulation and impulsivity moderated the association between betrayal, PMIEs and psychiatric symptomology post-deployment, above and beyond pre-enlistment psychiatric difficulties and life events. Conclusions: Our results highlight that pre-deployment emotional regulation, impulsivity and aggressiveness levels should be assessed, screened, and identified among combatants, as they all facilitate psychiatric symptomology (and PTSS) after combatants are exposed to PMIEs of betrayal. Such pre-assessment will enable the identification of at-risk combatants and might provide them with tailor-made preparation regarding moral and ethical situations that should be investigated in future research. [ABSTRACT FROM AUTHOR]

Background: During peacekeeping missions, military personnel may be involved in or exposed to potentially morally injurious experiences (PMIEs), such as an inability to intervene due to a limited mandate. While exposure to such morally transgressive events has been shown to lead to moral injury in combat veterans, research on moral injury in peacekeepers is limited. Objective: We aimed to determine patterns of exposure to PMIEs and associated outcomeand exposure-related factors among Dutch peacekeepers stationed in the former Yugoslavia during the Srebrenica genocide. Method: Self-report data were collected among Dutchbat III veterans (N = 431). We used Latent Class Analysis to identify subgroups of PMIE exposure as assessed by the Moral Injury Scale–Military version. We investigated whether deployment location, posttraumatic stress disorder (PTSD), posttraumatic growth, resilience, and quality of life differentiated between latent classes. Results: The analysis identified a three-class solution: a high exposure class (n = 79), a moderate exposure class (n = 261), and a betrayal and powerlessness-only class (n = 135). More PMIE exposure was associated with deployment location and higher odds of having probable PTSD. PMIE exposure was not associated with posttraumatic growth. Resilience and quality of life were excluded from analyses due to high correlations with PTSD. Conclusions: Peacekeepers may experience varying levels of PMIE exposure, with more exposure being associated with worse outcomes 25 years later. Although no causal relationship may be assumed, the results emphasize the importance of better understanding PMIEs within peacekeeping. [ABSTRACT FROM AUTHOR]

Background: The peacekeeper role is different to that of traditional combat, however, peacekeepers, like combat soldiers, may also be exposed to high levels of dangerous and/or potentially morally injurious events (PMIEs). Objective: It was hypothesized that given the centrality of societal approval for the peacekeeping mission, in addition to the known relevance of perceived social support, perceived societal recognition would influence PTSD symptoms (PTSS) and depression. It was hypothesized that perceived societal recognition would moderate the effect of exposure to potentially traumatic events and PMIEs on psychological outcomes. Method: 8341, predominantly male, former UNIFIL peacekeepers, almost three decades following deployment, answered a survey to determine the impact of perceived social support and perceived societal recognition, on PTSS and depression symptoms. Hierarchical regression analyses were performed for PTSS and depression separately and moderation analysis was performed for perceived societal recognition. Results: Exposure to potentially traumatic events showed the greatest predictive value for PTSS and exposure to PMIEs and potentially traumatic events were equally predictive of depression symptoms. While perceived social support presented the strongest buffer for PTSS and depression symptoms following UNIFIL deployment, perceived societal recognition also significantly contributed to the prediction of both PTSS and depression symptoms. There was a weak moderation effect of perceived societal recognition on trauma type in the development of PTSS. Conclusions: Even decades following peacekeeping deployment, military experiences have a significant impact on psychological functioning. This impact is both from the types of events experienced and from the perception of social and societal support upon return home. [ABSTRACT FROM AUTHOR]

Introduction: Healthcare workers (HCWs) often experience morally challenging situations in their workplaces that may contribute to job turnover and compromised well-being. This study aimed to characterize the nature and frequency of moral stressors experienced by HCWs during the COVID-19 pandemic, examine their influence on psychosocial-spiritual factors, and capture the impact of such factors and related moral stressors on HCWs’ selfreported job attrition intentions. Methods: A sample of 1204 Canadian HCWs were included in the analysis through a web-based survey platform whereby work-related factors (e.g. years spent working as HCW, providing care to COVID-19 patients), moral distress (captured by MMD-HP), moral injury (captured by MIOS), mental health symptomatology, and job turnover due to moral distress were assessed. Results: Moral stressors with the highest reported frequency and distress ratings included patient care requirements that exceeded the capacity HCWs felt safe/comfortable managing, reported lack of resource availability, and belief that administration was not addressing issues that compromised patient care. Participants who considered leaving their jobs (44%; N = 517) demonstrated greater moral distress and injury scores. Logistic regression highlighted burnout (AOR = 1.59; p < .001), moral distress (AOR = 1.83; p < .001), and moral injury due to trust violation (AOR = 1.30; p = .022) as significant predictors of the intention to leave one’s job. Conclusion: While it is impossible to fully eliminate moral stressors from healthcare, especially during exceptional and critical scenarios like a global pandemic, it is crucial to recognize the detrimental impacts on HCWs. This underscores the urgent need for additional research to identify protective factors that can mitigate the impact of these stressors. [ABSTRACT FROM AUTHOR]

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This research addresses civil liability in the context of Family Law with a focus on emotional abandonment. It begins with an introduction to law, highlighting its duality between legal norms and principles, and its connection with ethics and morals. Next, the research explores contemporary law and how civil liability is undergoing a new paradigm. The articles of the 2002 Civil Code that deal with civil liability are presented, defining it as the obligation to repair damage caused by an unlawful act, in addition to highlighting that civil liability is not limited to the Law of Obligations, but also extends to other legal institutes, such as Family Law. In relation to emotional abandonment, the research discusses the transformations in family relationships throughout history, highlighting the change in the filiation criterion from consanguinity to affection and emphasizing the duty of parents to offer affection and care to their children, regardless of the love between them., and the lack of these elements is characterized as emotional abandonment and highlights that there can be serious consequences for children and adolescents, and cites the Federal Constitution and the Statute of Children and Adolescents to reinforce the obligation of parents in relation to care and coexistence with their children children. Civil liability arising from emotional abandonment is explained as the obligation to repair the emotional damage caused and it is emphasized that it falls under subjective civil liability, and that the presence of damage is crucial for repair. The objective is to analyze case law to illustrate situations in which emotional abandonment may or may not constitute compensable damage, highlighting the importance of evaluating each case individually. Finally, the research concludes that civil liability in the context of emotional abandonment is a way of repairing the emotional damage caused, being a means of promoting the dignity of the human person and the best interests of children and adolescents. [ABSTRACT FROM AUTHOR]

Background: Government actions and participating in protracted-duration protests against it affect protesters' mental health, leading to high distress levels, such as posttraumatic and depressive symptoms. Aside from exposure to violence and other issues, protest participation can pose unique challenges to the protesters as they may be exposed to potentially morally injurious events (PMIEs), such as the betrayal of leaders they once trusted. This study's primary objective was to examine the extent of psychological difficulties among civilians participating in long-duration protests in Israel. More specifically, the study aimed to understand the contribution of exposure to protest-related PMIEs to psychological difficulties such as posttraumatic and depressive symptoms. Method: Participants comprised 4036 Israelis who were actively involved in the unfolding civil protest movement against the government-led judicial overhaul between January 2023 and August 2023. The protesters completed validated self-report questionnaires that included measures of PMIE exposure, PTSD and depressive symptoms. Results: About half (44.3%) of the sample met the criteria for self-report diagnosis of major depression and 10.6% for PTSD. Most of the protesters indicated their exposure to at least one moral injury event, with 63.9% reporting exposure to PMIE-Betrayal. Protesters exposed to PMIEs reported significantly higher levels of both PTSD and depression than non-PMIE-exposed protesters. Hierarchical regression analyses revealed that, beyond demographics and protest-related characteristics such as exposure to violence, PMIE dimensions significantly contributed to both PTSD and depression levels. Conclusions: The findings highlight the mental burden of protesters during the civil protests against the judicial overhaul in Israel. More central to the present research, the findings highlight the critical contribution of PMIEs exposure to this burden. Clinicians treating protesters coping with depression and PTSD following the civil actions should attend to their exposure to PMIEs, which may relate to the deleterious psychological effects among protesters. Participation in protests have high mental burden as about half of the sample met the criteria for self-report diagnosis of major depression and 10.6% for PTSD. Protesters exposed to protest-related PMIEs reported significantly higher levels of both PTSS and depression than non-PMIE-exposed protesters. The findings highlight the critical contribution of PMIE-betrayal exposure to both PTSS and depressive symptoms, above and beyond demographic and protest-related characteristics. [ABSTRACT FROM AUTHOR]

This Special Issue of the European Journal of Psychotraumatology (EJPT) presents 51 articles published between 2021 and 2023 and follows the Special Issue on pandemic-related traumatic stress research published in 2021 (O'Donnell, M. L., & Greene, T. [2021]. Understanding the mental health impacts of COVID-19 through a trauma lens. European Journal of Psychotraumatology, 12(1), 1982502). Research on traumatic stress during the pandemic has cast the spotlight on vulnerable populations and groups, notably front-line healthcare workers; people faced with major losses including the deaths of loved ones; those who personally survived debilitating and often life-threatening viral infection; and students who were isolated and experienced profound delays in their education, relationships, and emerging independence. The papers in this collection underscore the associations between COVID-19 related stressors and a plethora of adverse mental health sequelae, including posttraumatic stress reactions, and draw attention to the ubiquity of grief and moral injury and their wide-ranging and detrimental impact. Currently, there is a paucity of evidence on interventions to enhance resources, self-efficacy, and hope for affected groups and individuals through societal, organisational, and healthcare systems; however early research on the prevention of COVID-related traumatic stress disorders provides a basis for both hope and preparedness for the future. Stressors and traumatic events occurring due to the COVID-19 pandemic are associated with a wide range of mental health problems, including posttraumatic stress reactions, especially among vulnerable groups (e.g., front-line healthcare workers, individuals who faced major losses such as the deaths of loved ones, those who survived debilitating and often life-threatening infection). Loss and moral injury are common and potentially debilitating features of the pandemic. Societal, organisational, and healthcare system interventions to enhance resources, efficacy, and hope for affected groups and individuals are still in the early stages, although preliminary research on the prevention of COVID-related traumatic stress disorders is promising. [ABSTRACT FROM AUTHOR]

Moral injury can significantly negatively impact mental health, but currently no validated treatment for moral injury-related mental health difficulties exists in a UK context. This study aimed to examine whether the Restore and Rebuild (R&R) treatment was feasible to deliver, acceptable and well tolerated by UK military veterans with moral injury related mental health difficulties. The R&R treatment was delivered to 20 patients who reported distress related to exposure to a morally injurious event(s) during military service. R&R is a 20-session psychotherapy with key themes of processing the event, self compassion, connecting with others and core values. Treatment was delivered online, weekly, one-to-one by a single therapist. Qualitative interviews with patients and the therapist who delivered R&R were conducted to explore acceptability and analysed using thematic analysis. Following treatment, patients experienced a significant reduction in symptoms of post-traumatic stress disorder, depression, alcohol misuse and moral injury related distress. R&R was found to be well tolerated by patients and improved their perceived wellbeing. These results provide preliminary evidence that veterans struggling with moral injury related mental ill health can benefit from R&R treatment. Evidence before this study: Moral injury can negatively impact the mental health of military veterans. Currently no validated treatment for moral injury related mental health difficulties exists for UK military personnel/veterans. Added value of this study: Restore and Rebuild (R&R) is a co-designed psychotherapy for moral injury-related mental health difficulties. This study provides the first evidence that R&R treatment is associated with a significant improvement in patient symptoms of PTSD, depression, alcohol misuse and moral injury related distress. R&R was feasible to deliver, acceptable to patients and well tolerated. Implications of all the available evidence: These results provide preliminary evidence that veterans struggling with moral injury related mental ill health can benefit from R&R treatment. With further evaluation, R&R may be beneficial to other occupational groups affected by moral injury. [ABSTRACT FROM AUTHOR]

Background: Moral injury emerges when someone perpetrates, fails to prevent, or witnesses acts that violate their own moral or ethical code. Nash et al. [(2013). Psychometric evaluation of the moral injury events scale. Military Medicine, 178(6), 646–652] developed a short measure, the Moral Injury Events Scale (MIES) to facilitate the empirical study of moral injury in the military. Our study aimed to develop a civilian version of the measure (MIES–CV) and examine its psychometric properties in a sample of psychiatric inpatients. Methods: In this cross-sectional study, the sample comprised 240 adult patients (71.7% female) with a mean age of 31.57 (SD = 11.69). The most common diagnoses in the sample were anxiety disorders (58.3%), depressive disorders (53.8%), and borderline personality disorder (39.6%). Participants were diagnosed using structured clinical interviews and filled out psychological questionnaires. Results: Exploratory factor analysis suggested that Nash et al.'s model (Perceived Transgressions, Perceived Betrayals) represents the data well. This two-factor solution showed an excellent fit in the confirmatory factor analysis, as well. Meaningful associations were observed between moral injury and psychopathology dimensions, shame, reflective functioning, well-being, and resilience. The Perceived Betrayals factor was a significant predictor of bipolar disorders, PTSD, paranoid personality disorder, borderline personality disorder, and avoidant personality disorder. Conclusions: Our study demonstrated that this broad version of the MIES is a valid measure of moral injury that can be applied to psychiatric patients. The Moral Injury Events Scale–Civilian Version is a reliable and valid instrument. The original 2-factor solution (Perceived Transgressions, Perceived Betrayals) yielded a good fit to the data. Moral injury's Perceived Betrayals factor predicted bipolar disorders, PTSD, and three personality disorders (paranoid PD, borderline PD, avoidant PD). [ABSTRACT FROM AUTHOR]

Background: Moral injury (MI) has become a research and organizational priority as frontline personnel have, both during and in the years preceding the COVID-19 pandemic, raised concerns about repeated expectations to make choices that transgress their deeply held morals, values, and beliefs. As awareness of MI grows, so, too, does attention on its presence and impacts in related occupations such as those in public safety, given that codes of conduct, morally and ethically complex decisions, and high-stakes situations are inherent features of such occupations. Objective: This paper shares the results of a study of the presence of potentially morally injurious events (PMIEs) in the lived experiences of 38 public safety personnel (PSP) in Ontario, Canada. Method: Through qualitative interviews, this study explored the types of events PSP identify as PMIEs, how PSP make sense of these events, and the psychological, professional, and interpersonal impacts of these events. Thematic analysis supported the interpretation of PSP descriptions of events and experiences. Results: PMIEs do arise in the context of PSP work, namely during the performance of role-specific responsibilities, within the organizational climate, and because of inadequacies in the broader healthcare system. PMIEs are as such because they violate core beliefs commonly held by PSP and compromise their ability to act in accordance with the principles that motivate them in their work. PSP associate PMIEs, in combination with traumatic experiences and routine stress, with adverse psychological, professional and personal outcomes. Conclusion: The findings provide additional empirical evidence to the growing literature on MI in PSP, offering insight into the contextual dimensions that contribute to the sources and effects of PMIEs in diverse frontline populations as well as support for the continued application and exploration of MI in the PSP context. The objective of this study was to understand the types of events that Canadian public safety personnel (PSP) experience as potentially morally injurious events (PMIEs) as well as the impacts that they associate with these events. The findings illuminate that contextual dimensions are significant in the origin of PMIEs, which PSP experience in the completion of routine duties, because of the organizational culture, or as a result of issues in the broader healthcare system, which led to many negative consequences in their personal and professional lives. PMIEs reduced the trust PSP had in their leadership and the healthcare system to protect the public and themselves, were associated with feelings of anger, frustration, resignation, and helplessness, and connected to internal struggles marked by inner conflict and the erosion of self-concept. [ABSTRACT FROM AUTHOR]

Moral injury is an emerging concept that captures the psychosocial consequences of involvement in and exposure to morally transgressive events. In the past decade, research on moral injury has grown exponentially. In this special collection we review papers on moral injury published in the European Journal of Psychotraumatology from its inception until December 2022, that have a primary focus on moral injury as evidenced by the words 'moral injury' in the title or abstract. We included 19 papers on quantitative (n = 9) and qualitative (n = 5) studies of different populations including (former) military personnel (n = 9), healthcare workers (n = 4) and refugees (n = 2). Most papers (n = 15) focused on the occurrence of potentially morally injurious experiences (PMIEs), moral injury and associated factors, while four papers primarily concerned treatment. Together, the papers offer a fascinating overview of aspects of moral injury in different populations. Research is clearly widening from military personnel to other populations such as healthcare workers and refugees. Focal points included the impact of PMIEs involving children, the association of PMIEs and personal childhood victimisation, the prevalence of betrayal trauma, and the relationship between moral injury and empathy. As for treatment, points of interest included new treatment initiatives as well as findings that PMIE exposure does not impede help-seeking behaviour and response to PTSD treatment. We further discuss the wide range of phenomena that fall under moral injury definitions, the limited diversity of the moral injury literature, and the clinical utility of the moral injury construct. From conceptualisation to clinical utility and treatment, the concept of moral injury matures. Whether or not moral injury becomes a formal diagnosis, the need to examine tailored interventions to alleviate moral injury is clear. Moral injury is increasingly studied outside military populations, such as in healthcare workers and refugees. Among the most impactful potentially morally injurious experiences (PMIEs) are those involving children, but betrayal trauma may be the most prevalent type of PMIE. There is a need for tailored, evidence-based interventions to alleviate moral injury. [ABSTRACT FROM AUTHOR]

Este trabajo busca criterios que ayuden a entender el modo como la Corte Interamericana de Derechos Humanos define el monto de las indemnizaciones que otorga por concepto de daño moral. Para hacerlo, analiza tres tipos de casos que permiten hacer comparaciones: casos relativos a la aplicación de la pena de muerte, casos sobre libertad de expresión y casos en los que la Corte decide no conceder indemnizaciones por daño moral. Dentro de las conclusiones del trabajo, se observa que la Corte utiliza criterios objetivos al determinar los montos que concede como indemnizaciones por daños morales. Tales criterios dependen más del derecho violado, que de los sufrimientos de las víctimas específicas.

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El autor describe y analiza las instituciones relacionadas al daño moral de la sentencia del Juicio N° 01803-2018-00396 del 08 de septiembre de 2021, emitida por la Corte Nacional de Justicia. Específicamente, el trabajo aborda el problema de la cuantificación de daños extrapatrimoniales bajo el criterio de la prudencia que manda el artículo 2232 del Código Civil ecuatoriano. En el desarrollo se expone las tendencias en la materia utilizando jurisprudencia y doctrina relevante para llegar a la conclusión de que la resolución de la Corte fue correcta y marca un hito en el desarrollo del Derecho de Daños. Con ese objetivo, se analiza las distintas clases de daños extrapatrimoniales, la forma de indemnizarlos y cuantificarlos y la tesis que ha adoptado el Ecuador.

Reflete sobre a importância e as bases teóricas do princípio da reparação integral do dano. Apresenta os fatores que conduzem à crise do referido princípio no campo legal, jurisprudencial e doutrinário. Aprofunda o impacto da pandemia do coronavírus no campo da quantificação do dano moral, concluindo que o cenário será de aviltamento dos interesses extrapatrimoniais e utilização de critérios imorais e não condizentes com as bases da responsabilidade civil.

Se postula que la acción de inaplicabilidad por inconstitucionalidad, es un medio idóneo y efectivo para habilitar la legitimación activa a fin de demandar la indemnización por un daño extrapatrimonial ocasionado por imputaciones injuriosas en contra del crédito o el honor de una persona. La discusión cobra relevancia debido a las distintas interpretaciones que ha recibido el artículo 2331 del Código Civil, y que han afectado el reconocimiento de la titularidad de la acción de reparación integral del daño en la materia específica que trata dicho artículo. Esta investigación demuestra que se está ante una antinomia cuya resolución corresponde al Tribunal Constitucional en el ejercicio de su atribución de inaplicación de la ley. Y que, de un análisis de la jurisprudencia ordinaria y la jurisprudencia de inaplicabilidad, es posible concluir que la acción de inaplicabilidad es el mecanismo más efectivo para el reconocimiento del acceso a la justicia y la obtención de una reparación integral ante un daño en contra de un derecho personalísimo.

Este trabalho tem por objetivo analisar o contexto a partir do qual se pensou a tutela da vítima de violações extrapatrimoniais, haja vista que a sua má compreensão acaba por gerar efeitos danosos ao cumprimento de suas efetivas funções. A exemplo disso, a perspectiva que se utiliza equivocadamente ao se pensar no tema culminou, na atualidade, no desenvolvimento da falácia relativa à indústria das indenizações, fenômeno cuja inviabilidade é demonstrada a partir da utilização da análise econômica do direito (Law and Economics). Por consequência, para que se pudesse chegar aos resultados almejados, foi realizada uma revisão de literatura com enfoque qualitativo quanto à atual conjuntura do direito de danos no Brasil e o exercício do poder regulatório estatal. Para isso, lançou-se mão do método dedutivo, visto que se partiu da análise da abstração do contexto aplicável às questões apresentadas, de modo a trazer a lume seus pontos de conexão entre as funções desempenhadas pela responsabilidade civil, sempre tendo em mira a proteção integral à vítima e a regulação exercida pelo Estado. Por fim, como proposta a se pensar em uma nova ótica voltada à reparação dos danos extrapatrimoniais, a pesquisa se vale dos critérios de regulação estatal, de modo a concluir que o correto exercício do poder de polícia administrativa poderia viabilizar a adoção de mecanismos que efetivamente pudessem prevenir tais violações e penalizar seus agentes causadores, sem que, para isso, se invertesse toda a lógica prevista em relação à responsabilidade civil e às funções a ela atribuídas.

Background: Potentially morally injurious experiences (PMIEs) are common during military service. However, it is unclear to what extent PMIEs are related to well-established adverse mental health outcomes. Objective: The objective of this study was to use a population-based survey to determine the associations between moral injury endorsement and the presence of past-year mental health disorders in Canadian Armed Forces (CAF) personnel and Veterans. Methods: Data were obtained from the 2018 Canadian Armed Forces Members and Veterans Mental Health Follow-up Survey (CAFVMHS). With a sample of 2,941 respondents, the weighted survey sample represented 18,120 active duty and 34,380 released CAF personnel. Multiple logistic regressions were used to assess the associations between sociodemographic characteristics (e.g. sex), military factors (e.g. rank), moral injury (using the Moral Injury Events Scale [MIES]) and the presence of specific mental health disorders (major depressive episode, generalized anxiety disorder, panic disorder, social anxiety disorder, PTSD, and suicidality). Results: While adjusting for selected sociodemographic and military factors, the odds of experiencing any past-year mental health disorder were 1.97 times greater (95% CI = 1.94–2.01) for each one-unit increase in total MIES score. Specifically, PTSD had 1.91 times greater odds (95% CI = 1.87–1.96) of being endorsed for every unit increase in MIES total score, while odds of past-year panic disorder or social anxiety were each 1.86 times greater (95% CI = 1.82–1.90) for every unit increase in total MIES score. All findings reported were statistically significant (p <.001). Conclusion: These findings emphasize that PMIEs are robustly associated with the presence of adverse mental health outcomes among Canadian military personnel. The results of this project further underscore the necessity of addressing moral injury alongside other mental health concerns within the CAF. Potentially morally injurious experiences are common during military service, but it is poorly understood how these experiences are related to other mental health disorders in Canadian Armed Forces members and Veterans. Following a series of multiple logistic regressions, the odds of experiencing a past-year mental health disorder were 1.97 (95% CI: = 1.94–2.01) times greater per unit increase in total Moral Injury Events Scale score. This emphasizes the association between morally injurious events and deleterious mental health outcomes in Canadian military personnel, and further highlights the importance of addressing moral injury in this population. [ABSTRACT FROM AUTHOR]

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Copyright of Brazilian Journal of Law & International Relations / Relações Internacionais no Mundo is the property of Relacoes Internacionais no Mundo and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Background: Experiencing potentially morally injurious events (PMIEs) has been found to be significantly associated with poor mental health outcomes in military personnel/veterans. Currently, no manualised treatment for moral injury-related mental health difficulties for UK veterans exists. This article describes the design, methods and expected data collection of the Restore & Rebuild (R&R) protocol, which aims to develop procedures to treat moral injury related mental ill health informed by a codesign approach. Methods: The study consists of three main stages. First, a systematic review will be conducted to understand the best treatments for the symptoms central to moral injury-related mental ill health (stage 1). Then the R&R manual will be co-designed with the support of UK veteran participants with lived experience of PMIEs as well as key stakeholders who have experience of supporting moral injury affected individuals (stage 2). The final stage of this study is to conduct a pilot study to explore the feasibility and acceptability of the R&R manual (stage 3). Results: Qualitative data will be analysed using thematic analysis. Conclusions: This study was approved by the King's College London's Research Ethics Committee (HR-20/21-20850). The findings will be disseminated in several ways, including publication in academic journals, a free training event and presentation at conferences. By providing information on veteran, stakeholder and clinician experiences, we anticipate that the findings will not only inform the development of an acceptable evidence-based approach for treating moral injury-related mental health problems, but they may also help to inform broader approaches to providing care to trauma exposed military veterans. No manualised treatment for UK veterans with moral injury-related mental health difficulties currently exists. This protocol outlines the co-design process of the Restore & Rebuild (R&R) treatment. R&R will be informed by a comprehensive review of existing research, interviews with international stakeholders, interviews with UK veterans & feedback from veteran patients who receive R&R. [ABSTRACT FROM AUTHOR]

Background: Moral injury is defined as the strong emotional and cognitive reactions following events which clash with someone's moral code, values or expectations. During the COVID-19 pandemic, increased exposure to Potentially Morally Injurious Events (PMIEs) has placed healthcare workers (HCWs) at risk of moral injury. Yet little is known about the lived experience of cumulative PMIE exposure and how NHS staff respond to this. Objective: We sought to rectify this knowledge gap by qualitatively exploring the lived experiences and perspectives of clinical frontline NHS staff who responded to COVID-19. Methods: We recruited a diverse sample of 30 clinical frontline HCWs from the NHS CHECK study cohort, for single time point qualitative interviews. All participants endorsed at least one item on the 9-item Moral Injury Events Scale (MIES) [Nash et al., 2013. Psychometric evaluation of the moral injury events scale. Military Medicine, 178(6), 646–652] at six month follow up. Interviews followed a semi-structured guide and were analysed using reflexive thematic analysis. Results: HCWs described being routinely exposed to ethical conflicts, created by exacerbations of pre-existing systemic issues including inadequate staffing and resourcing. We found that HCWs experienced a range of mental health symptoms primarily related to perceptions of institutional betrayal as well as feeling unable to fulfil their duty of care towards patients. Conclusion: These results suggest that a multi-facetted organisational strategy is warranted to prepare for PMIE exposure, promote opportunities for resolution of symptoms associated with moral injury and prevent organisational disengagement. HIGHLIGHTS Clinical frontline healthcare workers (HCWs) have been exposed to an accumulation of potentially morally injurious events (PMIEs) throughout the COVID-19 pandemic, including feeling betrayed by both government and NHS leaders as well as feeling unable to provide duty of care to patients. HCWs described the significant adverse impact of this exposure on their mental health, including increased anxiety and depression symptoms and sleep disturbance. Most HCWs interviewed believed that organisational change within the NHS was necessary to prevent excess PMIE exposure and promote resolution of moral distress. [ABSTRACT FROM AUTHOR]

Background: During a deployment, soldiers must make seemingly impossible decisions, including having to engage with child soldiers. Such moral conflicts may continue to affect service members and veterans in the aftermath of a deployment, sometimes leading to severe moral distress, anguish, and personal crises. Service providers have increasingly argued that as a diagnosis, Post-Traumatic Stress Disorder (PTSD) cannot account for these deeply personal and painful moral conflicts. In light of this, the concept of moral injury has been introduced to better capture the profound forms of guilt and shame that may be experienced by service members and veterans. Objective: This paper addresses encounters with children and child soldiers during military deployments, as well as the risk for moral injury during and following these encounters, and their implications. This exploratory paper brings together existing literature on the topic to introduce, illustrate, and offer potential and promising interventions. Results: Given the potential moral conflicts that may ensue, military personnel who encounter child soldiers during a military deployment may be at risk for moral injury during and following these encounters. The introduction of the concept of moral injury provides a way for these largely unnamed personal and painful moral conflicts and violations to be recognized, addressed, and with appropriate care, remedied. Although there is limited research into their effectiveness at treating moral injury, individual and group-based interventions have been identified as potentially beneficial. Conclusion: As encounters with children during deployments are likely to continue, systematic research, training, healing interventions and prevention strategies are vital to support and protect children in conflict settings, as well as to ensure the mental health and well-being of service members and veterans. HIGHLIGHTS Profound moral conflicts may affect service members and veterans in the aftermath of a military deployment, sometimes leading to severe moral distress, anguish, and personal crises. The concept of moral injury has been introduced to better capture the profound forms of guilt and shame that may be experienced by service members and veterans. Encountering children and child soldiers during a military deployment, may present unique challenges, stress, and moral crises leading to potentially moral injurious events. In particular, transgression-based events which result from an individual perpetrating or engaging in acts that contravene his or her deeply held moral beliefs and expectations such as harming children, and betrayal-based events, which results from witnessing or falling victim to the perceived moral transgressions of others, may lead to lasting psychological, biological, spiritual, behavioural and social impairments. Interventions applied in both an individual-based context such as Cognitive Processing Therapy, Impact of Killing, Adaptive Disclosure, and a group-based context such as Acceptance and Commitment Therapy and Resilience Strength Training, have been identified as potentially beneficial to addressing moral injury. However, more research is required to ascertain appropriate and effective intervention and healing strategies. [ABSTRACT FROM AUTHOR]

O presente trabalho objetiva abordar questão fundamental da responsabilidade civil. Analisa-se a temática do dano moral por ricochete. Enfatiza-se a manifestação desse dano em decorrência do resultado morte. Enfrenta-se, de início, a distinção entre o dano morte e o dano moral por ricochete decorrente do evento morte e a discussão entre a jurisprudência quanto à autonomia entre estas duas espécies. Apoia-se no tratamento dado à temática pelo direito europeu. Questiona-se quem seriam os devidos legitimados ao recebimento dessa espécie de indenização. Faz uma análise tanto com uma visão restritiva como ampliativa, no final, apontada como a mais adequada. Para isso, analisa diferentes decisões do Superior Tribunal de Justiça. Por fim, faz-se uso dos métodos de pesquisa monográfico e de interpretação jurídica exegético.

Muitas decisões humanas podem ser afetadas pelo efeito da ancoragem, que se manifesta quando um standard previamente considerado influencia uma avaliação numérica subsequente. Até mesmo as decisões judiciais que envolvem algum tipo de estimativa numérica, como a dosimetria de uma pena ou o arbitramento de um dano moral, podem ser afetadas por esse fenômeno. No presente artigo, são analisados os principais estudos científicos que investigam os impactos do efeito da ancoragem nas decisões judiciais, tanto em ambientes simulados quanto em situações reais.

Los discursos del odio atacan la dignidad de los integrantes de colectivos históricamente desfavorecidos y fomentan su discriminación y deshumanización, razón por la cual los poderes públicos se han ido dotando de mecanismos para combatirlo. Pero no hay unidad de acción a nivel global, pues su restricción exige revisar los límites a la libertad de expresión. Así, mientras en Estados Unidos los tribunales reconocen la primacía de esta libertad, en Europa se incrementa el recurso a la vía penal. Pero ambos sistemas tienen deficiencias, sobre todo porque no se centran en el resarcimiento del daño causado. De ahí que pueda analizarse una tercera opción, la civil, partiendo de la ya consolidada doctrina sobre daños morales.

A força motriz deste trabalho é a busca de uma conceituação uniforme de dano moral coletivo, investigando a aplicação jurisprudencial e a apreciação doutrinária acerca deste instituto. Na crença de que a tutela da pessoa humana é o objetivo precípuo do ordenamento jurídico brasileiro, procura-se traçar o panorama atual desta categoria de danos, delineando suas peculiaridades doutrinárias, verificando possíveis incongruências entre a atuação do Superior Tribunal de Justiça e a tese defendida pelos juristas e identificando as perspectivas que se apresentam para o futuro do dano moral coletivo. O estudo doutrinário foi feito por meio da revisão bibliográfica de importantes autores do Direito Civil Constitucional. A averiguação da aplicação judicial deste instituto, em contrapartida, teve caráter empírico e deu-se por meio da leitura crítica das decisões proferidas pela 2ª Seção do STJ, bem como de uma tentativa de transformar os dados obtidos nestas decisões em estatísticas que permitam uma boa compreensão dos critérios judiciais para sua tutela.