O dano estético na responsabilidade civil decorrente de cirurgia plástica embelezadora : panorama sobre sua fundamentação doutrinária e jurisprudencial

Abstract

The present dissertation is concerned with analyzing the grounds that justify the autonomy of aesthetic damage in cases of civil liability resulting from beautifying plastic surgery. The general objective is to analyze the doctrinal and legislative foundations that grant autonomy to aesthetic damage in relation to other types of damage. The specific objectives mentioned below were developed: to understand the concept of aesthetic damage and its peculiarities; understand the civil liability of the plastic surgeon who performs beautifying or aesthetic surgery and how the national jurisprudence is positioned in relation to the justification of the aesthetic damage existing in this situation. To carry out this work, the hypothetical-deductive method was used, based on a monographic procedure of systematic interpretation. The research has a theoretical and qualitative nature and can be characterized as bibliographical-documentary and exploratory. It was concluded that aesthetic damage exists and has autonomy, found indirectly in the legislation, from the open clause of article 5, paragraph 2 of the Federal Constitution and in view of the existence of an exemplary constitutional list of fundamental rights, evidencing an open system adopted by the current codification, based on the method of dialogue of sources and legal historicity. It was found that the judgments of Brazilian courts are marked by jurisprudence quotes, evidencing the new legal stage of the Roman-Germanic family. In the compensation for aesthetic damage resulting from beautifying plastic surgery, it is rare to find judgments that seek different justifications for the autonomy of this institute, in addition to the citation of previous decisions and the precedent nº 387 of the STJ, not having further details on the subject during the production of the jurisprudence.