A aplicabilidade da teoria da perda de uma chance no direito brasileiro.

Abstract

The present monographic paper presents as its theme the applicability of the loss of a c hance in the Brazilian Law, considering its possible juridical characterization of autonomous damage and the absence of a specific legislation that regulates this matter. In this context the issue to be addressed consists in the analysis and interpretation of the decisions made by the courts of the country that involves the theory in question, based on the concept that the one that suffers a hurtful act due to the conduct of others has the right to be indemnified even if there is a gap in the law and that t he caused misfortune hasn t been committed directly, but by removing the possibility to earn an advantage or to avoid loss. Therefore, the deductive approach method will be utilized, considering that the general elements of civil liability will be verified and must add up to the elements of the missed chance so that the specific aspects will be turned to the appreciation of the theory already mentioned. Lastly it can be said that analyzed under the aegis of mandatory law the loss of a chance is still a them e of little appreciation by the courts of the country, considering that it is imperative to verify the elements that compose the civil accountability of the agent and the seriousness of the missed chance, with the purpose that the due compensation of the v ictim be unbiased to the chance of success of the caused misfortune, in a way that the judge must analyze each case in concrete before the absence of jurisprudential and doctrinal unison towards the necessary precepts for the applicabilit y of the theory in the country.