As despesas preventivas como mecanismo de autotutela no enfrentamento de danos

Abstract

Since the last few decades, the world hás undergone exponential evolution and Law, as anapplied science, cannot remaininert; It must, firstofall, seek its effectiveness in the social environment. Fromthis perspective, preventive expenses appear to be acapable means of protect ingeven more effective lythe fundamental rights contained in the Federal Constitution, among other rights, in addition to being a lesson erous measure for all parties involved. In this scenario, preventive expenses are addressed as a self-protection mechanism and expression of civil liability with a preventive function. Self-protection, in this case, acts as a material inhibitory guardian ship in the protection of rights, providing protection of interestand maintenance underserious risk of damage, with preventive expenses being subject to subsequent reimbursement. Based on these premises, the present work addresses the admissibility of the institute of preventive expenses in the Brazilian legal system, as well as its operability and relevance as aneffective instrument for confronting damages, preceding harmfulevents orminimizing their repercussions.