CIVIL LIABILITY AND DAMAGE COMPENSATION IN TRAFFIC ACCIDENTS IN BRAZILIAN LAW

Abstract

This article analyzes civil liability and compensation for damages in traffic accidents under Brazilian law, based on current legislation, specialized doctrine and current case law. The investigation focuses on the elements necessary for the configuration of civil liability, such as conduct, causal link, fault and types of damages — material, moral and aesthetic. In addition, the judicial and extrajudicial procedures adopted by victims to obtain compensation are examined, as well as the criteria used to set compensation amounts. The study also distinguishes between subjective and objective liability, highlighting their applications in the context of traffic accidents. It is concluded that, although the Brazilian legal system provides adequate instruments for compensation for damages, there are still significant challenges related to the standardization of decisions. The work highlights the essentiality of liability as an instrument of justice, prevention and protection for victims.