A prevenção na responsabilidade civil e a imputação pela formação do estado de danosidade

Abstract

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.