Summary: A model of partial brutal damage is investigated for a class of brittle solids. A global stability criterion is proposed. It is shown to prohibit the existence of a undamaged-damaged type solution and to promote fine mixtures of the undamaged and damaged phases. Thus microstructures appear as a byproduct of the criterion and not as a constitutive element of the model, in striking contrast with the micromechanical approach to damage. The resulting model is studied, especially in the two dimensional problems and for the problem of cylindrical torsion.