Função promocional da responsabilidade civil: um modelo de estímulos à reparação espontânea do dano

Abstract

The study of civil law in light of the Federal Constitution imposes a constant re-reading of the grounds, purposes and functions of civil responsibility, according to the values enshrined in the axiological table of the Major Law. To this extent, its functional re-reading results in a new conformation of the foundations of the traditional reparatory-compensatory function, the critical reading of the so-called punitive and pedagogical functions, as well as a proactive study of the acclaimed preventive function. In addition, the principles of human dignity, freedom and solidarity reveal, together, a new function that, connected to the ultimate goal of the institute, with a markedly ethical bias, is presented as a model of stimulus for the spontaneous repair of harm. This is what is called a promotional function of civil liability, whose existence has the potential to improve the system of protection of the victim, giving more instruments for the treatment of the injury caused. As a new frontier of solidarity and in the wake of maximum effectiveness of rights, the effective and efficient satisfaction of the victim's current interest in the moment after the harm is sought, by means of categories of substantive law already consecrated and available to the parties for the realization of self-composition.