Análise epistemológica da responsabilidade civil na contemporaneidade

Abstract

The study of civil liability appropriate to contemporary times requires the management of the epistemological lens, a consequential effect of the “era of uncertainty” in which we live. From the fundamental duty of not harming the other (neminem laedere), the traditional foundations of the right to damages go through a moment of refutability, in the model of Karl Popper. In the same way, the theory of scientific revolutions and paradigm changes proposed by Thomas Kuhn can also be applied here, given the re-signification of the indemnifiable damage, the causality and the form of arbitration of damages. In the history of Law, there have been several changes in the scientific model then prevailing, and the same happened with civil liability, although its essential elements have remained since ancient times. This work demonstrates that an epistemological reading of Aquilian law allows us to see that the current moment is that of paradigm shift. In the end, a prognostic judgment is made about the new paths to be explored by matter in Brazil. The methodology of approach is analytical, empirical and comparative. Part of the study of epistemological lessons, it advances to the analysis of today’s situation and makes a prognostic judgment about civil liability in Brazilian law.