摘要：This article analyzes the functions of moral damage in the context of contemporary society, seeking contributes with arguments for its redefinition before the parameter of human dignity and the objectives of the Brazilian State provided for in the Constitution. It talks about the historical trajectory of civil liability, evolution of moral damage and its concept, as well as about the effects of the repersonalization of civil law in the system of damage reparation. It is argued that the moral damage has as general functions and, therefore, as limits, the repair of off-balance sheet damage suffered by the victim, preventing further damage and the promotion of human person, especially of their dignity, personality and free development, encouraging the practice of desirable conduct in a fair and caring society. Exceptionally, a punitive function for this damage is recognized, with a restricted admission to the assumptions described in law.
关键词：Human dignity; moral damage functions; constitutionalized private law.
