Teoria do risco na responsabilidade objetiva á luz dos valores constitucionais.

Abstract

The present monographic work has the objective to address the innovate content brought by rule inserted in the final part of the sole paragraph in the article 927 of the Brasilian Civil Code, which deals with the Theory of Risk, whose main premise is to stabilish objective liability in the hypotheses of damages resulting from risk activities, with emphasis its insertion in the process of constitutionalization of Civil Law, in which human values protection of the damaging event's victim occupy a prominent place, this study revelead very relevant, as highlights the need, increasingly noticiable to view the civil institutes building on of the constutitions values, so the liability fits perpectly in this contest, mainly when dealing of the Theory of Risk, in which perceives the concern of the legislature in insure the equal on the extracontract legal relationship that arise between the victim and the agent cause the damage, towards insure the protection of human dignity of that, in the lines of prescription the Federal Constitucion. Acordingly, broaches, in this study, addition of historic evolution of the objective responsibility, the peculiar features of the Risk Treory application and the necessary requirements of its incidence, using the historical evolutionary, exegetical legal and bibliographic methods. So to speak, this constitutional vision of the liability follows of the imperative need that State has of, in very cases, interfere in private relations with the order of apply the justice to concret case.