THE APPLICATION OF CIVIL LIABILITY IN THE THEORY OF LOSS OF A CHANCE AND ITS EFFECTS

Abstract

The present work analyzes the application of civil liability in the theory of loss of a chance and its legal effects, justified by the growing relevance of the subject in Brazilian courts, especially in view of the need to repair conduct that eliminates real and serious chances of obtaining benefits or avoiding losses. The study is theoretical in nature and has a qualitative approach, carried out through bibliographical research and case law analysis. The requirements for its configuration were addressed, as well as the main criticisms. It was observed that the theory makes the causal link more flexible and recognizes the lost chance as an autonomous damage, subject to compensation, It was possible to conclude that the correct application of the theory strengthens the principle of human dignity by guaranteeing protection and reparation to victims who suffered due to the illicit conduct of others, promoting compensatory justice.