A compensatio lucri cum dammo na jurisprudência do Superior Tribunal de Justiça: ausência de critérios para o instituto (REsp 1.392.730/DF)

The compensatio lucri cum damno is a topic rarely discussed in Brazilian law, although in the case law there are many decisions relying on this figure. However, judges usually do not men-tion the legal concept. The Superior Court of Justice has adopted conflicting views when compensating profits with damages. In REsp 1,309,978/RJ, the Court did not allow the amount of a security bene-fit to be deducted from the compensation awarded to the victim. But in REsp 1,191,598/DF it adopted the opposite rationale as to mandatory car insur-ance (DPVAT), even in the absence of receipt or demand for the amount. In REsp 1,392,730/DF, the victim was not allowed to receive compensation and, also, social security, based on the concept of compensatio lucri cum damno. We conclude that Comparative Private Law could assist Brazilian courts in establishing more clear and effective standards for compensatio lucri cum damno.