The present study sought to analyze the position of the Court of Justice of the State of São Paulo (TJ/SP) in relation to the award of indemnification in the litigation for moral damages due to denial of home care services in health contracts since the edition of Summula No. 90 of TJ/SP. In order to do so, we used jurmetric method, based on statistics, using content analyze as research technique to analyze the judgments, extracting from them the legal foundations used by the judges. Thus, it was possible to quantify the percentage number of lawsuits for moral damages judged pertinent and unfounded, as well as their distribution by judicial body; to determine the representative measure of convictions in monetary values; and identify the main legal theses used as grounds for the grant or dismissal of the moral claim indemnization.
You may also start an advanced similarity search for this article.