Revista Científica da Academia Brasileira de Direito Civil

The Principle of Equivalent in the 2024 Civil Code Reform Project

Regis Fichtner — 2024-12-11

The article aims to examine the changes proposed in the 2002 Civil Code Reform Bill, currently before Congress, regarding the principle of Equivalence in Civil Liability. The current Code establishes three exceptions to this principle: i) in compensation to be paid by the incapacitated; ii) in cases of excessive disproportion between the degree of fault and the amount of compensation; iii) in the penalty clause set by the parties. The Reform Bill changes some of these rules. In addition, the issue of the possibility of setting moral damages with a pedagogical and punitive character in the current system and in the Reform Bill is examined.

The Rights of Autistic children

Nizelle Ferreira Nantes — 2024-10-05

The diagnosis of ASD must be made by a multidisciplinary team. There are no clinical tests that prove the existence of autism spectrum disorder, and it is recommended that multidisciplinary interventions begin in childhood. Given so many particularities inherent to people with ASD, in Brazil, Law No. 12,764 of 2012 provides for the rights of those on the autism spectrum. This article, prepared in documentary and bibliographic form, aims to present the applicability of the rights established in art. 3 of Law 12,764/2012 in Xinguara-PA, it was found that the municipality has sought to comply with the provisions of the aforementioned legal text.

The Doctor-pacient relation

Gabriel José Bernardi Costa — 2024-10-05

The liability in healthcare private relations, especially in medical and healthcare contractual relations, is frequently faced through concepts like “medical mistake” or “professional mistake”. These concepts, however, not only are deprived of legal value, as are unnecessary from the dogmatic point of view. Even the ubiquitous concepts of “obligations of result” and “obligations of conduct” are unnecessary to the medical liability analysis. The traditional concepts from civil dogmatic are sufficiently satisfactory to solve the problem. This way, it will always be crucial the confirmation of the medical obligation non-performance, which depends not only on technical survey as well on the performance of the duty to inform.

Between innovation and privacy:

Icaro Gabriel da Cunha Reis — 2024-10-05

This study analyzes the intersection between the Technical-Scientific Revolution and privacy, focusing on data protection in Brazil. It highlights the historical evolution of this right and explores the relevant legislation, such as the Access to Information Law, the Marco Civil da Internet and the General Personal Data Protection Law (LGPD). The LGPD is recognized as cruciais in the context of the Fourth Industrial Revolution, protecting sensitive data in a virtual environment. The article highlights the growing vulnerability of individuals in this environment, concluding that the LGPD represents a legal advance and an effective commitment to guaranteeing rights in the digital age.

Honor

Luiz Edson Fachin — 2024-10-05

Tribute to Professor Ricardo César Pereira Lira, at the event “Right to the City – Current Issues, Celebration of Ricardo Pereira Lira’s 90th birthday”.

Persons with Disabilities in the area of Civil Liability

Guilherme Calmon Nogueira da Gama — 2024-10-05

Abstract: The present work is intended to study the civil liability of people with disabilities - especially the cases of people with mental disabilities –, with special attention given to need for an interpretative response to Law 13.146/2015 and the Civil Code, in view of the changes and repeals brought by the recent legal diploma. It seeks to contextualize the theme of actions and activities of people with disabilities and their possible repercussion in the area of civil liability based on civil-constitutional methodology.

Piercing the corporate veil and extinctive prescription

Carlos Roberto Barbosa Moreira — 2024-10-05

The article deals with the piercing of the corporate veil and extinctive prescription. According to the Superior Court of Justice (Superior Tribunal de Justiça), the judicial act of imposing personal liability on directors or shareholders for the corporations’s obligations may be ruled at any time, regardless of the time elapsed since the suit was filed.