A teoria da perda de uma chance no ordenamento jurídico brasileiro

Abstract

This article talks about civil responsibility about the loss of a chance, subject that's becoming popular on the national legal landscape. In order to describe the most relevant subjects of this new way of civil responsibility, initially, an approach about the general knowledge of the civil responsibility is done, as well as on its new contours, which favor the so-called lost opportunities. After that, the criteria for an appropriate way of applying the theory of the loss of a chance is analysed, laying emphasis on the absence of the systematization that surrounds it. Continues by checking the principles of the Brazilian legal order that makes possible the applying of this particular theory in our country. Therefore, some decisions of the Brazilian courts are analysed upon the indemnifiable damage represented by the lost chance.