Civil liability, moral damage and relativization or removal of Summary n. 7? Comments on REsp No. 1.715.252/RO

Abstract

These comments analyzed the judgment given by the Superior Court of Justice, which considered, analyzing the specific case, to grant an appeal that, initially, in the court of origin, had condemned the appellant to moral damages for the purpose of dismissing the request, passing the analysis of the decision object of these comments compared with the Court's Summary 7 and the question of the possibility of interpreting the legal consequences in the context of a Special Appeal without implying a re-examination of evidence and facts in light of a certain relativization or departure from the Summary.