Responsabilidade civil do transportador por assalto a passageiro no transporte terrestre.

Abstract

In a world of globalization it is pre-eminent the locomotion need being one in the ways more used for this displacement the given terrestrial transport your smallest cost and your largest speed. It is looked for to consider the general aspects of the contractual civil responsibility, from the report of the transport contract, placing the reader in the different times in that such a contract was become pregnant, as well as supplying the juridical characters of this contract species showing in a clear way the duties and obligations so much of the transporter as of the transported. The truth, is that starting from the moment in that a conflict appears caused by a harmful event, it is of interest of the parts and mainly of the State, since such event can come as element of social inquietude, that such a conflict is solved and that the part that suffered the damages without having contributed directly to him, be taken at least to a situation close of the state in that met before the fatidical episode, as it sets down our civil code. The appreciation of the causes is looked for that configure the excluding of the civil responsibility o f the transporter, because although the legislator sells the inferiority position of the consumer front to the economical power o f the supplier o f the public service, it won't be in all the cases that this w i l l have obligation o f compensating, could allege: in case fortuitous or of larger force, it accuses exclusive of the victim, or fact of third. With the excluding o f the responsibility, which she look for it is the exclusion of the causal connection, it is to prove that the supposition agent that causes of the damage in anything contributed so that this i f it executed and on the contrary he/she acted with every possible caution taking all the reasonable and possible measures to avoid eventual damage. That responsibility is regulated by the Civil Code, for the Code of Defense of the Consumer and for the Ordinance 2.681/1912, that although old, vein being renewed by the jurisprudence. As he/she affirms the doctrine, the transporter, it assumes a tacit duty of leading the passenger and your belongings in perfect order to your destiny, being called this tacit obligation, o f safety clause. With relationship the responsibility o f the transporter, it is presented antagonistic positions, the supporting of the contrary current the responsibility affirm that although the assault is for time previsible, nothing can make the transporters to avoid them or to restraint them since the responsibility for the public safety, is private of the State, while the defenders of the responsibility affirm that when exempting the transporter of responsibility, it is transferred the risks of the economical activity, to the transported consumer, really the most fragile part o f the relationship, hurting o f front basic beginnings of our juridical precepts as the consumer's hipossuficience. It is aimed at to accomplish discussion regarding the possibility or not o f being the transporter made responsible by the assaults that happen inside of the vehicles, because it is theme of deep interest and social inquietude.