CONTEMPORARY ASPECTS OF CIVIL LIABILITY IN THE BRAZILIAN LEGAL SYSTEM

Abstract

It is worth highlighting that civil liability occupies a central role in the contemporary legal system, constituting one of the main instruments for the protection of individual and collective rights. Its primary function is to restore the legal balance broken by a harmful act, ensuring the victim's right to reparation and reaffirming the idea of ​​distributive justice and social pacification.

In this sense, such liability has been consolidated as a mechanism for protecting human dignity and the fundamental values ​​of the Democratic Rule of Law, where, more than repairing the damage, civil liability assumes a pedagogical, preventive, and social function, insofar as it discourages harmful behaviors and encourages the adoption of conduct based on good faith.

In the constitutional sphere, civil liability finds its foundation in the protection of personality rights and the state's duty to ensure reparation for unjustly caused damages. The 1988 Federal Constitution, by enshrining values ​​such as the dignity of the human person (Article 1, III) and the inviolability of intimacy, private life, honor, and image (Article 5, X), conferred upon the institution not only a patrimonial dimension, but also a moral and existential one.

By ensuring the reparation of damages and promoting the accountability of the agents causing them, it guarantees not only the protection of individual interests, which transcends the merely compensatory aspect, but also projects itself as an essential instrument of justice and balance in human relations.

Its relevance goes beyond the field of private relations, extending to the actions of the State, companies, and the entire community, which must base their conduct on prudence, ethics, and respect for the rights of others, which, through this perspective, encouraged the elaboration of this research.

This research is characterized as exploratory, since it seeks to provide greater familiarity with the theme of civil liability, allowing a deeper understanding of its foundations, principles, and applications in the Brazilian legal system. The exploratory nature of this research is justified by the need to examine the doctrinal and jurisprudential evolution of the institute, as well as to identify its theoretical and practical nuances in light of contemporary social and normative transformations.

Regarding the approach, this is a qualitative investigation, as it prioritizes the interpretative analysis of legal content, without the use of statistical or quantifiable methods. The qualitative approach allows for an understanding of civil liability from an axiological and systematic perspective, valuing the interpretation of legal texts, judicial decisions, and doctrinal constructions that delineate the scope and limits of damage compensation in the civil sphere.

Concerning the technical procedures, the research adopts the bibliographic method, relying on the analysis of national doctrines, legislation, and jurisprudence. The bibliographic sources were selected based on authors of recognized relevance in the field of Civil Law, as well as on paradigmatic judgments of the superior courts and current legislation, especially the Civil Code and related norms. This theoretical and normative foundation provides scientific support for the proposed discussion, enabling the construction of a critical and systematized view of the topic.

The reasoning method used is deductive, starting from general premises contained in the principles and norms of civil liability, such as the duty to repair the damage, fault, and causal link, to reach specific conclusions applicable to the delimited legal problem. This deductive logic allows for a coherent and rational interpretation of the legal system, extracting solutions from consolidated theoretical foundations.

Thus, the methodology employed ensures scientific rigor and argumentative consistency in the research, providing the appropriate tools for the critical and interpretative analysis of civil liability within the context of Brazilian law.

Having highlighted the points above, it is worth mentioning that this book is divided into five chapters that will address in depth some relevant themes within civil liability. The first chapter will analyze civil liability within the context of marital relationships, specifically in cases of infidelity; the second addresses the issue of social networks and the parameters of the limit between freedom of expression and responsibility; the third chapter investigates the civil liability of doctors in aesthetic cases; the fourth chapter examines the civil liability of digital influencers in the promotion of gambling; and finally, the fifth and last chapter focuses on the liability of airlines for the death of animals during transport.

Therefore, the study will seek to analyze the issues concerning liability for excessive conduct, as well as the limits of liability in matters related to the points analyzed in the research.