A aplicação da teoria da perda de uma chance como dano autônomo no ordenamento jurídico brasileiro

Abstract

This study aims to analyze the study of liability for the loss of a chance in the Brazilian legal system. Trying first to do an analysis of liability and then focusing on the main theme. It is intended to introduce the origin and historical evolution of loss of chance in the foreign legal system as well as your development in the Brazilian law, moreover, will be shown to your requirements in order to apply the theory and the relevance of the seriousness and the chance lost. It's up to observe the extreme importance of the theory of loss of chance, and your nature of damage, you may also want to demonstrate how the quantum compensation calculation. Finally, for a better understanding of the topic, presented an analysis of the case law and the various brazilian scholars dealing with this Institute. Concluding with the importance and relevance of the topic presented in order of decreasing polemics that surround the theory.