Responsabilidade Civil e o Dano Moral In Re Ipsa: o Tema 1.365 do STJ

This article analyzes in re ipsa moral damages within the scope of civil liability, focusing on Theme 1,365 of the Superior Court of Justice (STJ), which rejected the automatic presumption of moral damages in cases of wrongful denial of health plan coverage. The research is qualitative and exploratory in nature, drawing on legal doctrine, legislation, and case law. The results show that requiring proof of concrete damage places an additional burden on the consumer, while simultaneously curbing predatory litigation based solely on the presumption of moral distress.