Prevenir para não remediar: a responsabilidade civil sob uma nova perspectiva funcional e principiológica

Abstract

The purpose of this work is to rethink the effectiveness and efficiency of liability with repressive function and the institute functions in the face of current demands of society. Seek to demonstrate, from the study of the transformations of the facets of liability in the face of social change, that their current roles do not meet the volatility of contemporary society, to the extent that further damage appear every day. To this end, it analyzes critically the history of the liability and its adaptation to the risk society, as well as new techniques designed in search of compensation at all costs. From this perspective, the traditional liability should be revised to meet the principles of the 1988 Constitution, in order to ensure full protection and inviolability of the human person. To do so, it proves essential configuration of liability as institute also able to prevent injuries, with a view to effective protection of rights, redrawing the institute based on the principles of precaution and prevention, analyzing its fundamentals and its application . Finally, it is proposed mechanisms to give practical operability to those principles in civil liability.