Direito constitucional à reparação de danos na sociedade de riscos

Abstract

Examines the new directions of civil liability of guilt that migrates to the risk inherent in the activity by restructuring their assumptions to minimize uncertainty in the setting of risk society, the environment of uncertainty, where the risks are not fully predictable side. In this context, new tendencies in civil liability, focused on the effective reparation of damages through traditional means in association with new mechanisms marked by the socialization of responsibility are discussed. The domain of civil liability is augmented to include relevant matter in reparation of damages. If guilt is the foremost element in subjective civil liability, in objective liability that element is the distribution of burden amongst those who perceive direct benefits from the risk activity. In a risk society, admissibly the distribution of wealth and of the positive effects of progress enable the socialization of risk, these being the inexorable consequence of science, technology, productive processes, etc. In this fashion, not only private initiative, but also society and even the State, is called upon to face up to the secondary risks of activities, through instruments of collective liability.