O mito da indústria do dano moral e a banalização da proteção jurídica do consumidor pelo judiciário brasileiro

This paper aims to discuss sensible questions related with the so-called “moral da- mages industry” in consumer relations. Begins exposing the aspects that reveal the importance of moral damages to these relations and to the judicial context, based on empirical researches about the Brazilian legal system operation. Analyzes the reactions that Brazilian legal practice, especially the judiciary, developed to oppose to what they call “moral damages industry”, both on the perspective that the plaintiff want to en- rich with the process and on the perspective that it produces a “banalization of moral damages”, that carries the practice to create a category – the “mere annoyance” – that more restrict a consumer wide protection than protects him, transmitting a message to the consumer market that injury is worthwhile.