Moral damage and the failed marital promises

Abstract

The present work aims at talking about the institute of the civil responsibility, more specifically, about moral damage and the possibility of its incidence considering the failed marital promises. The native ordering dos not protect such promises, which are popularly known as engagement. Aims at evaluating the possibility of the financial mending provided by the moral damage to be or not an insult to humans’ feelings. The methodology used in the text was, principally, the monographic proceeding, through doctrinarian analysis. The empirical method was used, to check if the Brazilian jurisprudence is or not in harmony with the construction of the indoctrinators. Besides, the deductive method was used, starting from principals and general standards on damage and civil responsibility, to reach a specific context wrapping the dissolution of the promise of marriage. At some moments, histories and comparisons are used with other legislation to illustrate the text. The reached conclusion is that, in some cases, an act can cause damages to the dignity of the human, basic beginning of the legal Brazilian ordering. In these hypotheses and, principally, when there is a substantial compromising of the psychological entirety of the individual, the civil mending turns out to be possible through the moral damage, even if it does not represent a sale of the affectionate relations.