Navegando por Assunto "Civil liability"

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A prevenção na responsabilidade civil e a imputação pela formação do estado de danosidade
(Universidade Federal do Pará, 2017-03-24) FONSECA, Aline Klayse dos Santos; LEAL, Pastora do Socorro Teixeira; http://lattes.cnpq.br/3244282344643324
The institute of the civil liability, inserted in the methodology of the contemporary civil law, passes for intense transformations, instigating the reflection on its sensible Real and the effectivity of the reparatórios mechanisms to stanch or to diminish the proliferation of illicit behaviors that interfere with the legal sphere of the human being, causing legal injuries in its existential situations, goods or interests. In this scene, some legal concepts, the example of the damage concept, for its proper rigidity, favour the continuity depráticas harmful or potentially damages and cause exaggeration between the necessary precaution and prevention of the damages. In this manner, the present study it has as central intention had analysed conceptual adequacy of the damage to insert, coherently, the prevention, in the institute of the civil liability, as well as the legal consequences happened of this conceptual magnifying, as well as the mechanisms to discourage the injuring behavior them individuals, restraining illicit behaviors that, even so do not cause concrete damage, form an unfair state of danosidade that at risk puts the human being, legal goods or interests, considered individual or collectively. The research was guided by the hypothesis of that, traditional and rigid oconceito of damage, understood as an effective reduction of a patrimony compromises the prevention and inhibition of damages and perpetrates abusive practices in society current, given the resistance to impute the responsibility to the agent who forms an unfair state of danosidade without the existence of a concrete damage is verified and current. However, the adoption of a concept of ample damage that accumulates of stocks the unfair training of the danosidade state allows that the civil liability accomplishes its aims that they go beyond the simple repair, but involves, also, the prevention, precaution, punishment and the induction of behaviors adjusted with the constitutional and infraconstitutional values.
Acesso aberto (Open Access)
Responsabilidade civil por danos à pessoa decorrentes da aplicação de agrotóxicos na atividade agrária: estudos teórico e jurisprudencial de decisões dos Tribunais de Justiça dos estados brasileiros
(Universidade Federal do Pará, 2021-08-25) COSTA, Elida de Cássia Mamede da; MATTOS NETO, Antonio José de; http://lattes.cnpq.br/4719479439779242; https://orcid.org/0000-0002-6830-7485
This thesis assesses the civil liability to pesticides’ users in Brazil for damages to the person that this activity effectively and potentially causes. The main objective is to analyze theoretical aspects and the judicial decision regarding civil liability for the pesticides’ application, whose damages caused directly to the person are increased with the increasingly flexible standardization of pesticides in all its production stages as a Brazilian trend. To elaborate the situation analysis, this work first used theoretical and qualitative research based on a bibliographic survey and legislation related to pesticides and civil liability, while the second step involved quali-quantitative Brazilian Courts judgement’s documentary survey, with the deductive reasoning’s juridical method in both stages. The theoretical reference’s result points to the need for consideration and evaluation civil liability following functions: reparative / compensatory, punitive, preventive and precautionary, as well as this circumstance as a harm’s state and conduct damage, added to the legal or normative causality notion, causality’s presumption and integral risk theory application. In the second stage results in demonstration that in Brazil the tendency is that the Judiciary does not impose civil liability on the pesticides’ users if the evidence for direct and immediate damage and causal link is not present in terms of the causal nexus in generalizing and individualizing causality’s theories. The conclusion is that in Brazil the doctrinal evolution does not follow accompanied by the judicial decision evolution, observed the difficulty to civil liability’s judicial imposition for the pesticides application. This difficulty is coupled with the current legislative tendency to facilitate from registration for manufacture to the product’s use, production, storage, transportation, distribution, commercialization and application of the product – that culminates in the excessive pesticides’ application in crops, which will allow the expansion of agro-environmental damage. Thus, there is a need to reinforce agro-environmental protection through strict legal restrictions and the consequent civil liability recognition amplitude in judgments, to promote the pesticides responsible application.