A aplicabilidade da cláusula geral de responsabilidade civil objetiva aos profissionais liberais

Abstract

The present work aims at facing the possibility of applying the objective responsibility general clause read on the paragraph of article 927 of our 2002 Civil Code to liberal professionals. This begins with the understanding of the differentiated treatment of such professionals in our Consumer Protection Code, which establishes, on it’s article 14, §4º, subjective responsibility by facts of services provided, making an exception of the general rule of objective responsibility established for the further providers. It is put into question whether the occurrence of a possible normative conflict between the aforementioned rule and the general clause of the Civil Code is possible, considering the broad custody to consumer rights secured by our Federal Constitution. We stand up therefore for a solution according to which, in case of fulfillment of the clause’s requisites, when the concept of risk activity and it’s appliance criteria are fully understood, the most beneficial custody to the consumer must be applied without, however, discouraging professional activities. Therefore, to preserve consumer basic rights, it is necessary to expand their assurance, seeking their protection by our law, a system which has unity and coherence, having as core our Federal Constitution.