Os limites do dano moral in re ipsa

as lições do REsp 2.161.428/SP para se evitar uma responsabilidade civil sem dano

Abstract

This article critically analyzes the limits of moral damages in re ipsa, highlighting the need to avoid civil liability without effective proof of harm. Based on the judgment of Resp 2.161.428/SP, the study demonstrates that the automatic presumption of loss can trivialize civil compensation and transform it into a punitive mechanism disconnected from concrete harm. The authors examine the historical foundations of civil liability, contrast doctrines that defend the preventive and sanctioning function of the institution, and examine the evolution of STJ case law. They conclude that in re ipsa is a legitimate technique, as long as it is applied sparingly in cases where proof is difficult, maintaining damage as an indispensable prerequisite for moral compensation.