O novo perfil da culpa na responsabilidade civil: a culpa como critério para gradação da indenização / The new profile of negligence on torts: negligence as a criterion for defining the indemnity

AUTOR(ES)
FONTE

IBICT - Instituto Brasileiro de Informação em Ciência e Tecnologia

DATA DE PUBLICAÇÃO

18/03/2011

RESUMO

This thesis aims to conduct a technical study of the structural and functional profiles of negligence based on the new regulatory framework introduced into Brazilian Law by the sole paragraph of Article 944 of the Civil Code. By examining the regulations regarding negligence in the field of torts, it is shown in this paper that, notwithstanding the rise in the number strict liability cases, negligence still plays a major role in Brazilian civil law. Besides serving as a factor for creation of the obligation to pay indemnity, negligence also presently has the important function of being a criterion for setting the amount of the indemnity. The studies conducted prove that these different roles of negligence provide them with distinct regulatory profiles, such that it is no longer possible these days to adopt a unitary theory for description of this legal institute in Brazil. Contrary to its profile in the sphere of rules for imputing liability, where it is considered in an abstract and objective manner, on the plane on which it serves as a criterion for defining the extent of damages, negligence takes on concrete and personal features. This study has been carried out on the basis of bibliographic research that encompassed surveys of applicable legal doctrine, case law development and legislation.

ASSUNTO(S)

responsabilidade (direito) culpa (direito) indenização direito civil torts negligence compensation negligence in concreto negligence in abstracto

ACESSO AO ARTIGO

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