Análise jurisprudencial do dano moral no rompimento do noivado

Abstract

The monograph entitled “Jurisprudential analysis of moral damage in the fiancé's breakup” consists of the investigation of this issue within the scope of Brazilian state courts. Although the groom's institute is very old, its rupture and the consequent withdrawal from the wedding could generate some repercussions in the legal world, mainly of a material and immaterial nature. The problem becomes evident when the absence of legislation to regulate this promise of marriage needs to be resolved through legal actions that deal with off-balance sheet items, coated with subjectivity. In this way, the present study is based on documentary research, through the collection of specifications, in search of answering the following question: would only the groom's resistance be sufficient reason for replacement parts for moral damages? In view of this analysis, it is clear that the grounds used by judges to grant or reject the reparation claim are based on the civil liability of art. 186 of the Civil Code and sometimes in art. 187 of the same normative diploma. It should be noted that moral damage cannot be harmed solely based on the pain and suffering experienced by those who had the romantic relationship. In reality, the situation must be proven on a case-by-case basis and, if it goes beyond the limits of freedom not to marry, causing harm to the principle of a person's psychophysical integrity, the occurrence of moral damage subject to lawsuits may be verified.