A responsabilidade civil pela perda de uma chance no ordenamento jurídico brasileiro

Abstract

The civil responsibility for the loss of a chance has been developing theoretical and practical discussions of its application to identify a new type of damage to be repaired: that one from the loss of a chance by a victim who has had frustrated his/her objective by interference from another. The present bibliographic study had as characteristic the analysis of civil responsibility for the loss of a chance and its fundamental presuppositions. By the development of society, the primary focus of damage repair is no longer the search for the culprit to prioritize the focus on reimbursing the victim. Although already used in France and Italy for many years, Brazil presents its first application in the year 1990. In Brazilian legislation, this theme is not presented explicitly. Jurisprudence and doctrine have become decisive in resolving new cases of reparation arising from the development of society. It presents the fundamental elements of civil accountability, demonstrates the differentiation of these in relation to the application in the chance loss theory and establishes some criteria adopted in Brazil for the damage quantification repair.