Faraco, Marina2025-05-272025-05-272025DUARTE, Marcyus Rocha. Dano moral e segurança jurídica: uma abordagem pela análise econômica do direito. Goiânia (GO), 2025. 67 f Dissertação (Mestrado Profissional em Direito Constitucional Econômico) - Centro Universitário Alves Faria, 2025.http://repositorio.unialfa.com.br/handle/123456789/616Civil liability has played na essential role in the Evolution of private law, especially with regard to the compensation of moral demages. Despite the consolidated recongnition of the institute, the determination of compensation for moral damages still presentes significant challenges, given the absence of objective normative criteria. This uncertainty generates the phenomenon of “lottery jurisprudence”, characterized by conflicting decisions for similar cases, compromising legal certainty. This paper analyzes the determination of moral demages based on the Economic Analysis of Law (AED), exploring its impact on the predictability of judicial decisions and on market regulation. The dissertation is strutured around three main axes: (i) the concept, the elements and the doctrinal and jurisprudential criteria for the determination of moral damages; (ii) the empirical analysis of judments of the Court of Justice of the State of Goiás, referring to lawsuits filed against the telefone company OI S.A. for undue billing; and (iii) the application of the AED in civil liability, investigating its influence on mitigating legal uncertainty and standardizing compensation criteria. The methodology used in th work involves empirical research and economic analysis of law. Specifically, the study analyzed 40 (forty) rulings of the Court of Justice of the State of Goiás (TJ GO) on consumer lawsuits against the telefone company OI S.A., involving undue charges. The methodological approach combines jurisprudencial analysis, seeking standards of decisions on moral demage, and the perspective of economic analysis of law, evaluating the impacts of these decisions on the parameters can contribute to greater rationality and predictability in determining moral damages, balancing the compensatory and preventive functions of civil liability. The need to improve the criteria for arbitrating compensation is higlighted, aligning them with principles such as proportionality, reasonableness and economic efiiciency, ir order to avoid discrepant decisions and strengthen legal certainty in the Brazilian judicial system.ptAnálise econômica do DireitoResponsabilidade civilSegurança jurídica