A NECESSIDADE DE SUMULARIZAÇÃO DAS DECISÕES DO SUPERIOR TRIBUNAL DE JUSTIÇA ACERCA DA INCIDÊNCIA DO DANO MORAL EM FACE DA INADIMPLÊNCIA INJUSTIFICADA DOS SEGUROS DE VIDA

Abstract

The present work aims to demonstrate the importance of “docketizing” the statement that provides for the incidence of moral damage in the case of unjustified default of the life insurance policy, thus demonstrating the importance of the institute of moral damage, while permeating through the institutes of life insurance, the special appeal, analyzing the reasoning of the decisions of the Superior Tribunal de Justiça that judged by the incidence of moral damage in the cases of the subject studied by this work, analyzing the reasoning of the decisions issued by the Courts of Justice and Special Civil Courts Judge that deny the incidence of moral damage, analyzing the receiver of the transmission as a requirement for the admissibility of the Special Appeal, which requires a “docketization” of the theme so that there is the possibility of filing the appeal for judgment at the STJ, since there is a divergence of understanding of the Superior Court, the Courts of Justice and of the Special Civil Courts Judges.