Responsabilidade Civil no Direito Brasileiro

Civil Liability in Brazilian Law

In Brazilian law, civil liability is determined by the Civil Code, which outlines the legal framework for compensating damages arising from various types of negligence, omissions, and tortious conduct. This article will focus on the subtopics of damages, tort liability, professional liability, product liability, and contractual liability within the context of Brazilian civil law.

Damages

Article 186 of the Brazilian Civil Code provides for a classic Aquilian liability, stating that "he who, by voluntary action or omission, negligence or recklessness, violates rights and harms others, even if exclusively moral damages occur, commits an unlawful act". This means that individuals are responsible for compensating any harm they cause to others, whether it is physical, emotional, or financial.

Tort Liability

Tort liability, also known as delictual liability in Brazil, arises from Article 186 of the Civil Code, which establishes the general principle of civil liability for unlawful acts. This includes both damages and strict liability, which is covered by Article 187 of the Civil Code. Strict liability applies when the holder of a right exceeds the limits imposed by their economic or social order, good faith, or morals.

Professional Liability

Professional liability in Brazil is governed by the Civil Code and is characterized as contractual, as it arises from the violation of a duty set out in a particular contract. Article 618 of the Brazilian Civil Code states that the builder will only be held liable for defects if they are verified within five years of completion, unless the defect was caused by a third party. Employers also have strict liability for the actions of their employees, as per Article 932(II) of the Brazilian Civil Code. The employer will be liable for the damages caused by the employee, and the employee will be jointly liable with the employer.

Product Liability

Product liability in Brazil is a specific area of civil liability that pertains to the manufacturer or seller of a defective product. It is governed by the Civil Code and the Consumer Defence Code, which provides for subjective or fault-based liability for professionals, including manufacturers and sellers. This means that the individual or company responsible for the product's quality or safety must be proven to have committed an error or acted negligently in order to be held liable for damages.

Contractual Liability

Contractual liability in Brazil is determined by the provisions of the Civil Code and is based on the principle of pacta sunt servanda (promises must be kept). It arises from a breach of contractual obligations, which can result in the injured party claiming damages. The limitation period for filing a lawsuit against a professional for breach of contract is generally five years from the knowledge of the damage and its cause. However, the limitation period may vary depending on the type of contract and the professional relationship involved.

In conclusion, civil liability in Brazilian law is based on the Civil Code and other relevant legislation, such as the Consumer Defence Code. It covers various aspects of liability, including damages, tort liability, professional liability, product liability, and contractual liability. The liability framework is designed to compensate individuals for harm caused by others, whether through negligence, omission, or breach of contract.