CIVIL LIABILITY FOR DAMAGES CAUSED BY ANIMALS IN TRAFFIC ACCIDENTS: BALANCE BETWEEN COMPENSATION AND PREVENTION IN THE BRAZILIAN LEGAL SYSTEM

Abstract

Civil liability is the duty to repair damages suffered by someone as a result of an act or omission. Since civil compensation is the main consequence of liability for traffic accidents involving animals, this article analyzes the legal treatment of liability for damages caused by animals in Brazil. The study focuses on collisions and seeks to determine whether the legal system harmonizes repair and prevention while maintaining the traditional view of animals as movable property. To this end, the objective is to examine the application of Article 936 of the Civil Code to compensation for losses resulting from collisions involving animals. The text addresses the obligations of owners, the State, and third parties, as well as exclusions of liability. The research used the deductive method, characterized as bibliographic research, with data collected from national legislation, doctrine, and case law. It was found that the strict liability regime simplifies compensation for patrimonial, non-patrimonial, and aesthetic damages, which can be combined. Furthermore, the regime incorporates public and private road surveillance duties, with legal advances and existing administrative and criminal sanctions. It can be concluded that the current legislation balances the restoration of rights and risk mitigation, promoting a shared responsibility that integrates animal welfare with collective road safety.