Name: QUEZIA DORNELLAS FIALHO
Publication date: 08/05/2017
Advisor:
Name |
Role |
|---|---|
| FRANCISCO VIEIRA LIMA NETO | Advisor * |
Examining board:
| Name |
Role |
|---|---|
| FRANCISCO VIEIRA LIMA NETO | Advisor * |
| RODRIGO REIS MAZZEI | Internal Examiner * |
Summary: The research, which theoretical framework is legal postmodernism, in the context of the Democratic Constitutional State of Law, aims to analyze, from the perspective of the civil code of 2002 and the civil procedure code of 2015, the legal regime of civil liability of the who Succumbs to lawsuits, with a focus on solving the problem of liability for damages, both procedural and personal, arising from the actions of the parties in the procedural legal, especially when there is no violation of objective or procedural good faith, in view of the ethical and Democratic process of the constitutional civil process, inserted in the formalism-evaluative phase. Since values, constitutional foundations and principles took the necessary normative weight to conduct reasonably and effectively the process, objective good faith, understood as a principle, was definitively settled to the level of the general clause of the law, guiding all And any decision, as well as the conduct of the procedural parties, mainly due to the validity of the new procedural law, by which the legislator gave greater importance to the institute. In addition, from the perspective of civil-constitutional law, in the midst of social hypermodernity, the civil code gives precedence and precedence to existential relations, no longer to patrimonial relations, because the human being must be ensured throughout the legal order in Civil and civil procedural, safeguards and priority guarantees. Because of this, the institute of civil responsibility goes through a period of questioning and transformation that privileges the human being even more. The objectification of civil responsibility, as a hermeneutical tendency founded on constitutional solidarity, is a legal reality capable of ethically performing justice in the concrete case. The civil liability regime aims to protect the victim, the innocent party, who suffers the damage resulting from an unlawful, unlawful and unlawful act, and thereby safeguard the legal system as a whole, according to the constitutional grounds expressly provided for in art. 3 of the Federal Constitution of 1988.
KEYWORDS: Legal postmodernity. Civil Responsability. Objective civil liability. Objective good faith. Sucumbent author. Civil Code. New civil process code. Constitutional Solidarity.
