The Supreme Court of Justice of the Nation through the jurisprudence 109/2023 (11a.) established the general guidelines for the quantification of moral damages as follows:
1) Seek at all times the integral reparation of moral damages. Limits or legal ceilings previously established or base parameters without the possibility of modification or casuistic assessment by the judge are not accepted.
2) In the event that the award is a compensation, it must be comprehensive, equitable, fair, and covered in an expeditious manner, once it is due.
3) Moral damages cannot be conditioned, subjected, assimilated or limited to compensation for material damages; each one responds to its own particularities.
4) The assessment of the existence of moral damages should not be confused with the quantification of the compensation due.
5) The elements of quantification of an indemnity provided by law are merely indicative factors. It is a guide for the actions of the judges.
6) The applicability of the elements of quantification of an indemnity must be distinguished in a case of subjective civil liability from one of strict civil liability.
7) The judge must respect and protect the right to legal equality, which implies that in equal cases he must impose equal sentences.
8) The prevailing principle in tort law of non-overcompensation of the victim or unjustified enrichment must be safeguarded.
9) Finally, there may be cases in which it is possible to reduce the respective compensation for moral damages that would have to be applied in accordance with the right to full reparation.
