“PRETIUM MORTIS”: THE BRAZILIAN EXPERIENCE REGARDING THE LEGAL PRESENCE OF DAMAGE-DEATH AND THE SCOPE OF CIVIL LIABILITY IN OUR LEGAL ORDER

Abstract

This research seeks to address the legal existence of responsibility arising from the illicit act that caused the end of a human life, therefore: Pretium Mortis: the Brazilian experience regarding the legal presence of damage-death and the scope of its civil liability in our legal system. The aforementioned research addresses the reason why, in Brazilian Civil Law, there is no legal provision for the so-called injury-death, as well as the recent and unique doctrines and understandings arising from jurisprudence on the matter of liability, whose problem is: If the person no longer exists, consequently there will be no compensation for the shortening of his life? Therefore, our general objective is to analyze the damage that causes a person's death, which is rarely discussed by doctrine and largely ignored by jurisprudence, not receiving careful attention from our law. As for the specific objectives of this research, it can be defined as: analyzing the causes that constitute the non-existent legal classification, as well as adding to the scarce doctrinal and jurisprudential knowledge regarding civil liability resulting from death damage in our legal system and announcing the parameters used in our legal system regarding the quantum of compensation (pretium mortis), as well as the scope of legitimacy ad causa and the legitimate part or estate to receive, given the impossibility of the deceased. The methodology used for this work is bibliographic exploration, with a view to using documents, doctrines and articles as guiding instruments for the study, as well as websites and jurisprudential precedents. Furthermore, it is possible to understand that the study addresses the right to compensation, of a reparatory and extra-patrimonial nature, that that person “acquired” upon their death, as well as the ad causa legitimacy possessed by the estate or heirs upon the death of the holder. of the law, I feel evident the need to understand the application of the institute of damage-death arising from the illicit act due to failures of various natures.