نبذة مختصرة : This study aims to understand the evolution of non-pecuniary damages in German, Italian, and Brazilian law. It hypothesizes that German and Italian jurisprudence on the subject has contributed to elevating personality rights to constitutional status by adopting the theory that identifies the principle of human dignity as a general clause for the protection of individuals. Based on this conjecture, a hypothetical-deductive method is employed, combined with a historical-comparative procedure and an exploration of bibliographical and documentary sources. As a result, the study indicates the pioneering role of German and Italian jurisprudence in conferring civil law effects to the constitutional principle of human dignity, influencing other countries within the civil law system. It concludes that, in Germany and Italy, the general clause for the protection of individuals was conceived as a means to soften the legal reservation that, in these jurisdictions, ties the reparability of non-pecuniary damage.
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