CIVIL LIABILITY FOR TRAFFIC ACCIDENTS

Abstract

The occurrence of a traffic accident generates a series of legal consequences for those involved in the civil sphere due to the existence of the institute of civil liability regulated by the Brazilian Civil Code (Law No. 10,406/2002). As determined by civil law, subjective civil liability is adopted as a rule, requiring proof of guilt, intent, damage and causal link, and objective liability will be applicable in cases of risk or provided for by law, without the element of fault, the damage and the nexus are enough. Therefore, considering the essential elements for the duty to repair to be recognized, the main objective of the research is to indicate in which situations a traffic accident may lead to civil liability for the agent causing the damage and to resolve the question about whether it is possible to hold those responsible civilly. individuals for material, moral and aesthetic damages resulting from traffic accidents. This research was based on bibliographical material and had a deductive research method, seeking to demonstrate in which situations the person causing the traffic accident will be held civilly responsible for the moral and material damages caused to those who were victims of the accident and did not cause its occurrence. , according to what the Civil Code determines, the current doctrine and the majority jurisprudence adopted in the legal system in force in Brazil.