A responsabilidade civil subjetiva do Advogado sob a égide do Código de defesa do Consumidor.

Abstract

The objective of this study is to analyze and to describe doctrinal positions on lawer civil liability subjective under the aegis of the Consumer Code. When the Consumer Protection Code came, there was a significant increase in the number of lawsuit that aims to civil liability of professionals due to damage caused in the profession to clients. In this universe, there are many legal processes against lawyers, not only in Brazil but also in the world. First it is the historical evolution of civil liability, since when human civilization used to revenge to blame who had committed harmful act to the current code, which established the theory of guilt as a rule in the field of civil liability. Then we analyzed the concept of civil liability according to different scholars, as well as its assumptions and the case that this civil liability is excluded, differentiating objective and subjective civil liability, contractual and non-contractual. Finally, we analyzed the possibility of the consumerist legislation be applied in the relationship between lawyer and client, and how the doctrine has positioned itself even before we in the law, few discussions on the matter. To start this study, we used the inductive method, also the technical legal and bibliographic study, understanding, therefore, theories and practices of the obligation of professional advocacy, in the profession, indemnify for damages, moral and property that cause.