El daño moral en la legislación ecuatoriana

Abstract

The matter begins with some essential definitions about the moral damage in the context of an analysis of a question very important in our country since 1984 because many people are appealing to this juridical recurse to save their honor. We are analyzing the difficulties to determinate the moral damage in our legislation because frequently it is complicated to have a real estimation to know if a person has suffered moral damage and over all the consequences to define the qualification and the quantification of the moral damage in every case, especially because many people in the public gestion use the moral damage as a mechanism of persecution against the freedom of thought in people who are their contradictors. The moral damage perfectionates when many protected rights are violated in relation with the personal security, the right of the privacity, the tranquility of the spirit, the freedom of liberties, the physical integrity and other topics as the honor, the public accreditation, the fame and many others. We are analyzing specifical considerations about the juridical nature of the moral damage with the idea of the difference between a natural person and the juridical person and the way in which these people can reclama moral damage in our society. There is not equivalence between these two kind of people but in the investigation we propose an interesting debate to state that the juridical person can suffer moral damage affecting its personality in relation with the accreditation and the fame of these juridical persons or institutions in all the cases if they are companies of trade or honorific institutions. Finally, we propose a debate about the reparation of the moral damage and we are taking examples of the ecuadorian law and the international law to demonstrate that in the country the moral damage is always cause of problem for the judges.