A Responsabilidade Civil na Apicultura.

Abstract

The current research aims to set the guidelines of civil responsibility for damages caused by all sorts of apiculture, i.e. beekeeping to obtaining economically profitable products. Civil responsibility is the legal pattern, which searches for solutions to solve social conflicts relating to property and even the subjectivity of the individual. Thus, damage caused by animals are treated by the Brazilian Civil Code, as cases of strict responsibility, based on the risk theory, for which indemnity is payable regardless of care or not exercised by animal owner, meaning that who carries dangerous activity should bear the risks entailed. This theory is have been used by Brazilian civil law in clearly defined cases, becoming the exception to the general rule, which is that of subjective responsibility. However, beekeeping, essentially an agrarian activity and has technical features that give rise to questions about the ways in which the beekeeper should or should not bear the risks. Because it is an objective question, it is necessary to obtain reliable criteria for conflict resolution, which should not lead, not even its absence, to the complete subordination to the will of the judge, who is not always an expert in the issue. Thus, it is questionable what criteria and standards the judge use to the fair resolution of the conflicts, if such standards exist or not and if they are sufficient and what has been the current positions on cases of this kind for the states’ tribunals. Therefore, the understanding of civil institute launched here is necessary, as well as beekeeping, through exposure of their main characters, while when investigating the case law that prevails on the subject. Using the deductive method and literature, with historical and comparative analysis and iconographic description aiming to put an end to the posted questions, it turns to be necessary to understand entirely the subjects traced here.