A responsabilidade civil dos pais pelos danos causados por filhos menores.

Abstract

The present work has as its subject the civil responsibility of the parents for damages caused by underage sons, derives from the power of the family, being necessary that this responsibility be maintained until the child has the minimum discernment for their mental faculties. The problem that the research seeks to solve is that through a loss caused by a minor, who will be responsible for compensation of the damage? The hypothesis presented is that it will be the reparation for those responsible be they born guardians, tutors or healers. Its general objective is to analyze civil liability for damages caused by minors, with the specific objectives of presenting legislation and doctrine on civil liability, analyzing who can be held liable for an act committed by others and finally presenting civil liability for damages caused By minors from the point of view of jurisprudence, the Civil Code and the Statute of the Child and Adolescent. In this way, as a general rule, parents are responsible for civil reparations resulting from unlawful acts committed by the minor children in their possession and in their company. The current Civil Code mentions children who are under the "authority" of the parents, which does not change the meaning of the previous legislation, giving it a better understanding. The matter becomes important, in view of the search for the balance between the reparation of the offended party and the extent to which an individual can be held liable for damages caused by third parties that are under his tutelage. Structurally the research is divided into three chapters. The first shows the historical evolution on the subject, the general aspects, the types of civil responsibility and the assumptions. In the second chapter civil liability is studied for a fact committed by another, seeking to know who in fact will have the obligation to compensate the offended. In the third chapter are presented the positions on the theme of the Civil Code, the jurisprudence and the Statute of the Child and the Adolescent The chosen methodology has as research technique the bibliographical and doctrinal revision. The research is applied nature and the method of approach used is the deductive. As for the general object, the research is discreptive.