A (ir)responsabilidade civil dos pais pelos danos cometidos por filho capaz dependente econômico frente à constitucionalização do direito civil

Abstract

In contemporary Brazilian society, the number of adolescents who, even after the civil majority, keep living in the residence of the parents and in a situation of economic dependence, has grown. This reality has led to the postponement of family power, because it has become paramount for parents to provide assistance to their children, even after full civil capacity, so that they acquire a good qualification and can be inserted in the labor market: the Superior Court of Justice, inclusive, is understood by an extension of the "parental obligation". In the meantime, the Civil Code of 2002 provides that it is up to these young people to repair any damage they may cause to third parties. It occurs that a young economic dependent of the parents rarely has enough assets to make this reimbursement effective. The work in question, then, guiding its research in doctrinal and jurisprudential analyzes, is based on the Constitutionalizing of Civil Law and on the principles and values of social solidarity, family solidarity, the greater interest of the injured person and maximum reparation of the damage, so that, in the end, it comes to the conclusion that it is possible to hold parents responsible for damages caused by a civil majority child, provided that the child is economically dependent on the parents, is in the professional training stage and does not have available assets for the reimbursement of the person injured. In addition, it is understood that this responsibility must be objective, subsidiary, equitable, arising from any affiliation and entitled to return, which will have a three-year prescriptive term, with an initial term from the date on which the child reaches economic independence. It should be emphasized that parental responsibility can be implemented jurisprudentially, without violating any legal provisions, since the institute of civil responsibility is formed by generic clauses and broad concepts.